BHARAT KUMAR Vs. VALLABHACHARYA VIDYA SA

JUDGEMENT

(1.) The plaintiffs in a suit for declaration regarding the proposed election and other injunctive reliefs has taken out three interlocutory applications praying for interim orders pending the suit.

(2.) The averments contained in the plaint and the affidavit filed in support of all the three applications contain the same averments. It is the case of the applicants that the 1st applicant is a member of the donor family and the 2nd applicant is a representative of the Vaishnav Samaj, which is a member of the respondent Sabha. The respondent Sabha was established in the year 1963 and was registered as a Society with various objects. Education was the primary object of the respondent Society. Two persons, namely, Jumnadoss Dwarakadoss and Amichanddoss Dwarakadoss had made a conditional settlement on 15.10.1964 in favour of the respondent Sabha in and by which the lands were settled in favour of the respondent Sabha. The lands were settled on condition that the respondent Sabha sets up an Arts and Science College in the said lands. The other condition that had been stipulated while making the gift was that the settlors' uncle's family shall have two or more male members as the members of the College Executive Committee and 10% or more seats were to be allotted to the Chief Donors family.

(3.) The applicants would contend that 14 acres of land were given by Jamnadoss and Amichand Doss and 6 acres were jointly given by Ramdoss Purushothamdoss, Purushothamdoss Gocooldoss and late Srimathi Bagirathihai. According to the applicants the Chief donors were Jamnadoss Dwaraka Doss, Purushotham Doss, Ram Doss Purushomtham Doss, Shrimathi Bagirathibai @ Devakibai and three other members of the Purushotham Doss family. Considering the fact that the Chief Donors had settled their property, the bye-laws of the Society provided that the Chief Donor and four members nominated by the founder from amongst any of the donors would be life members, and they would not retire for life. Fifteen members were to be elected or selected to form the Executive Committee along with the life members. The Sabha had started two colleges, namely, D.G.Vaishnav College and M.O.P. Vaishnav College and three Schools, Kola Perumal School, Kola Saraswati School and M.O.P. Vaishnav School.