K SHANKARAPPA Vs. NATIONAL EDUCATION SOCIETY SBIMOGA

JUDGEMENT

(1.) no substantial question of law as such arises for consideration in this court.

(2.) plaintiff who claimed to be a life-member of the respondent-society sought for declaration that he was a life member. But the lower appellate court, on appeal, relying upon the evidence came to the conclusion that the plaintiff had not established his life membership. The memorandum of association as well as the bye-laws of the respondent-society provided for the classes of members and the manner in which they are to be admitted to the membership of the society. Life member is said to be one who pay Rs. 100/- at the time of admission unless he is exempted from paying in a lump sum, but directed to pay in instalments. In such an event the plaintiff ought to prove by receipts for having paid Rs. 100/- that he was admitted for life membership by a resolution on the condition that he paid the life subscription in instalments.

(3.) the resolution in that behalf on which he relied upon was the book claimed to be the life members register as well as his name having appeared as one of the members who attended the general body meeting on a given date. But that was not signed by the plaintiff. The register produced was not upto date. It contained even the names of members who were not alive. It also contained the names of donors who were not life members.