SAMPATRAJ C SHAH Vs. LAJPATRAI C AGRAWAL

JUDGEMENT

(1.) This is an Appeal from Order dated 16.1.1992 of the Additional Principal Judge, Ahmedabad City Civil Court on an application for interim mandatory injunction and prohibitory injunction, partly allowing injunction application and granting mandatory injunction in terms of paragraph 9(B) of the application for temporary injunction.

(2.) Application Exh. 5 shows that as many as six reliefs were sought, out of which relief (B) only was granted by the trial court and the other reliefs were refused. The prayer in relief (B) is for issuing mandatory interim order to restore the original name of Chaturbhuj Lajpatrai General Hospital and to display the said name on all the sign-boards on the main gate and by the side of the main gate and inside the hospital building and at all other places including literatures, letter heads, stationeries, registers and all other literatures of whatever kind in which the name of the hospital is mentioned till the hearing and disposal of the suit.

(3.) A suit for permanent injunction as well as mandatory injunction was filed by the plaintiff respondents in the court below in which through application Exh. 5 interim mandatory as well as prohibitory injunctions were claimed. The brief facts are that the plaintiffs are the trustees of Chaturbhuj Lajpatrai Education Trust (hereinafter referred to as C.L. Trust) which is registered with the Charity Commissioner, Gujarat State, Ahmedabad. The plaintiff No. 2 is the Managing Trustee of C.L. Trust and defendant Nos. 1 to 5 are trustees of Rajasthan Seva Samiti (for short `Samiti') which is another trust registered with the Charity Commissioner, Ahmedabad. The plaintiffs and the defendant Nos. 5 to 15 are the trustees of Gujarat Research and Medical Institute (for short `Institute') which is another charitable trust registered with the Charity Commissioner, Ahmedabad. The Samiti wanted to construct a large hospital and it invited donations from interested donors. A scheme was announced under which the proposed hospital was to be given a name as may be desired by the persons of the trust which donates Rs. 11 lakhs. C.L. Trust was persuaded to donate Rs. 11 lakhs on the condition that the name of the said hospital would be given as "Chaturbhuj Lajpatrai General Hospital". The Samiti, namely the defendant No. 1 accepted the said donation from the plaintiffs. Name of the hospital as Chaturbhuj Lajpatri General Hospital was to be displayed in particular bold letters of 10 inches on the main gate of the hospital as well as on the building of the hospital. Donation was given by the plaintiff trust. Samiti, however, could not for various reasons start the hospital, hence in July 1982 through a lease-deed it conveyed land along with the project of the hospital to the defendant Nos. 6 to 15 for the aforesaid purpose. One of the conditions in the said lease was that the lessee may start medical activities other than the said hospital and is free to give separate names to such activities and bodies running such activities under it. Another important condition in the lease deed was that the lessee shall set up and run the hospital in the name of "Rajasthan Seva Samiti Nirmit The Gujarat Research and Medical Institute Sanchalit Chatarbhuj Lajpatrai General Hospital". It was also stipulated in the lease deed that the lessee was not entitled to change the said name of the hospital. The hospital therefore came to be known as C.L. General Hospital. The hospital was inaugurated on 15.11.1984. Since then the hospital was known and named as C.L. General Hospital. All literatures for and on behalf of the hospital were printed accordingly. It was alleged that three days before the institution of the suit when the plaintiff No. 2 was passing by the said hospital he noticed that on the main entrance gate of the hospital name was written as `Rajasthan Hospital'. Prior to this the plaintiff never received any information of such change of name. On the gate of the hospital the plaintiff No. 2 noticed that it was written as "The Gujarat Research and Medical Institute Dwara Sanchalit Rajasthan Hospitals Camp Road Shahibaug" and below it was inscribed "Chatarbhuj Lajpatrai General Hospital" and below it was inscribed "Godavaridevi Gordhandas Gupta Eye Netra Hospital and blow it was inscribed "Gulabdevi Sohanlal Chaudhary Urology (Kidney) Hospital" and below it was inscribed "Chhogalal Jugraj Salecha Orthopaedic Hospital". The plaintiff No. 2 was shocked to notice that the name of Gujarat Research and Medical Institute and Rajasthan Hospital were written in bold letters and the remaining four names were written in small letters. On enquiry the plaintiff could not obtain information under whose orders or directions such change of name was given effect to. The plaintiff No. 1 was not served with any notice of change or any Resolution proposing such change of name of the hospital. Accordingly, suit was filed in which permanent and mandatory injunctions were sought and through application Exh. 5 temporary, mandatory and prohibitory injunctions were pressed.