RAKESH KUMAR S/O SRI CHAMAN Vs. SHREE SWAMI SANTPATI SHIVNARAYAN SANT SAMAJ SUDHAR SAMITI AND ANOTHER

JUDGEMENT

(1.) HEARD Sri Lokendra Dobhal, learned counsel appearing on behalf of appellant and perused the record.

(2.) THIS second appeal has been preferred against the judgment and decree dated 29 -09 -2011, passed by Additional District Judge/IVth F.T.C., Dehradun in Civil Appeal No. 49 of 2006, Rakesh Kumar Vs. Swami Santpati Shivnarayan Sant Samaj Sudhar and another, whereby the judgment dated 16 -05 -2006, and decree dated 29 -05 -2006, passed by Civil Judge 1st (J.D.) Dehradun, in O.S. No. 189 of 1995, Swami Santpati Shiv Narayan Sant Samaj Sudhar Samiti vs. Daya Ram Ragorhi and another, was affirmed.

(3.) IT was also alleged that Chandan Lal, President of the society connived with the other society of the same name situated at G -175, Nehru Colony and stared causing damages to the plaintiff and on 25 -04 -1995 a general body meeting was called upon and Chandan Lal was removed from the post of President and Deepak Rao was elected in place of him. Dayaram Ragori along with Vice -President Chota Lal and Additional Secretary Rakesh Kumar also started causing damage to the society and they were asked to refrain themselves from indulging anti -society activities but they never refrained themselves from anti -society activities. Therefore a meeting of the members was organized on 12 -06 -1995 and both of them were removed from their posts and Surendra Kumar was elected as Vice -President and Om Prakash was elected as Additional Secretary. On 22 -02 -1995 a legal notice was sent to both of them to hand over their charge, but they failed to do so and both of them are still representing as office bearers of the society and not handed over the charge. It is further alleged that property bearing No. 203/1, E.C. Raod, Dehradun is the exclusive property of the plaintiff consisting of building, garden, temple and samadhi and tenants are also residing there. Sri Suresh Chand is indulging in anti -society activities and representing him as office bearer and misguiding the public at large and interfering in peaceful functioning of the society, whereas he had already been removed from the post, thereby he be restrained by decree of permanent injunction to interfere in the matter of society. It is also alleged that new office bearers had already taken over the charge on 25 -12 -1994, therefore the defendants be also restrained from interfering in the functioning of the society.