MAHADEO PRASAD Vs. KAMALA VARMA

JUDGEMENT

(1.) THESE applications for setting aside an arbitration award have arisen in circumstances which require to be described in some detail.

(2.) THE Kayastha Pathshala, Prayag (Allahabad), is an old charitable and educational institution registered under Act 21 of 1860, and its affairs are governed by its registered Rules entitled

(3.) AFTER difference had arisen between prominent members of the Kayastha community subsequent to the election of Mr. Piare Mohan a number of old trustees professing to be interested in the welfare of the' Kayastha Pathshala on 22-6-1943 instituted suit No. 41 of 1945 in the court of the Civil Judge, Allahabad, against 275 persons. In their plaint they alleged that Dr. Piarey Lal Srivastava and his adherents Thakur Shiva Nath Singh and Thakur Vishwanath Singh either directly or through their close relatives had got the defendants 1 to 232 enrolled illegally by personal payment of large cash donations and contrary to the Rules, and further that another adherent, B. Basdeo Narain, had got the defendants 233 to 273 enrolled through the unauthorised gift of a defective hosiery factory. The Governing Council through its then President, Mr. Piarey Mohan, was arrayed as defendant 274, and the President of a Subsidiary trust of the Pathashala as defendant 275, these two defendants being pro-forma only. The reliefs asked for against the first 273 defendants were:-