MAHATMA GANDHI INTER COLLEGE Vs. GAON SABHA PATAN

JUDGEMENT

(1.) THE plaintiff-respondent's suit for a permanent injunction to restrain the defendant-appellants from realising income from Mela of Takia Mohabbat Shah or Tahebazari of Plot Nos. 413, 429, 432, 434, and 130 M of Village Patan, Tehsil Purwa, District Unnao, having been decreed by the learned Munsif South, Lucknow, and confirmed in appeal by the llnd Additional District Judge, Unnao, this second appeal has been filed to challenge the decree.

(2.) THE settled facts are that the aforesaid plots belonged to Gaon Sabha Patan and initially the Mela income as well as Tahebazari etc. throughout was realised and appropriated by the Gaon Sabha. By a resolution dated 16-11-1955 of the Gaon Sabha Patan a decision, as follows, was taken ;-

(3.) BY this resolution the original grant, under resolution no. 16-11-55, was revoked. The college, however, proceeded to auction the Mela contract for which they fixed 24-12-1972 as the date for auction. Consequently, on 23-12-1972, Gaon Sabha, plaintiff-respondent, filed the suit which has given rise to this second appeal with the case that in passing the earlier resolution dated 16-11-1955, the Gaon Sabha or the Land Management Committee acted without jurisdiction and that the Gaon Sabha (Land Management Committee) having revoked the licence on 22-10-1972, the defendant-appellants had no right to continue to realise the income of the plots or from the Mela.