J DAULAT SINGH Vs. DELHI GOLF CLUB LIMITED

JUDGEMENT

(1.) This suit relates to the membership in the premier Golf Club of the country, namely, Delhi Golf Club Ltd. The plaintiff who was given Tenure Membership of the Golf Club in August 1999 which came to end on his retirement. He wants to be a permanent member of this Club. He in fact applied for this membership which was refused by the Club. The plaintiff assents that he has right to be accorded regular membership. Therefore, this suit is filed by the plaintiff for declaration and injunction. The prayers contained In the suit are: a) pass a decree for declaration declaring that the plaintiff has a right to be accorded membership with the defendant club; b) Pass a decree of permanent injunction directing the defendant club, its authorised officers, agents, nominees, representatives, committees etc. to allow the plaintiff the user of the club facilities especially the Golf Course; c) costs of the suit may be awarded in favour of the plaintiff and against the defendant.

(2.) Some factual matrix may be noted at this stage . The Delhi Golf Club Ltd .( hereinafter referred to as the 'the Club') is a company registered under the Indian Companies Act. This Club was founded with the objective of promotion of the game of golf. Its functions are regulated by its Memorandum and Articles of Association and Bye-laws. The Club was given land on lease by the Government of India on Dr.Zakir Hussain Road, new Delhi vide lease deed dated 5th August, 1996. Certain Clauses of this lease deed have bearing on the present case and it would be appropriate to glance Lhrouyh the same.

(3.) Clause-4 of the Memorandum and Articles of Association of the Club stipulates various objectives for which the Club is founded and the main objective winch concerns this case is objective 4(a) as per which the Club is "to promote the game of golf only". Articles 3 to 10 of the Memorandum and Articles of Association deal with various kinds of the membership in the Club. As per Article 3 the Club is to consist of nut more than 750 permanent members; provided that at no Lime shall the number of the 'A" members be less than four-fifths of the permanent members. As per clause 8(i) there shall be one class of Permanent Members, namely, 'A' Members. Explanation attached to this article reads as under;