ST SPPHIAS CHRISTIAN EDUCATION SOCIETY Vs. K SAMUEL

JUDGEMENT

(1.) By this order I am disposing of two applications (1) IA No.8855/95 under Order 39 Rules 1 & 2 and Section 151 Civil Procedure Code . for ad-interim injunction and (2) IA No-8856/95 under Order 40 Rule I Civil Procedure Code . for appointment of a receiver. These two applications have been filed by the plaintiff in a suit for declaration, injunction recovery of possession and rendition of accounts etc.

(2.) Plaintiff No. 1 is a Society registered under the Societies Registration Act, 1860 registered on 13.7.1972 with its registered office at D-23, Kirti Nagar, New Delhi and plaintiff No. 2 claims to be its President. Objects included imparting of education. It started a primary school at D-23, Kirti Nagar, Delhi. This School was recognized up to primary level by the Municipal Corporation of Delhi in the year 1977 and later was upgraded and accorded recognition up to middle school level in 1980 to Secondary Level in the year 1982-83 and to Senior Secondary Level in 1987-88 by the Director of Education, Delhi thereafter it was also affiliated to the Central Board of Secondary Education, Delhi. While according recognition to Secondary Level vide letter No.F.22(83)-Z-96/79-BOL/ll/100084 dated 12.8.1983 certain conditions were imposed which inter alia included the following:

(3.) Demand of Rs. 12,00,000.00 on account cost of land and Rs. 30,000.00 as ground rent for one year and Re.l.00 as licence fee for play Field was also made to be paid within 60 days from the date of issue of the letter. Later on this land price and the ground rent thereon was reduced to 50% of it. Sometime thereafter onc Mr. M.M. Samuel since deceased, was taken as a member of the Society and was appointed as the Chairman of the Managing Committee of the school and in the meeting of the General Body of the Society held on 29th December, 1983 he was also appointed as General Secretary of the Governing Body of the Society, on 29.12.1983 the Governing Body constituted comprised of the following persons:-