LOYOLA PUBLIC SCHOOL SOCIETY Vs. P ANIL KUMAR

JUDGEMENT

(1.) These two appeals can be disposed of together since they emanate from a common judgment and decrees dated 3rd January, 2003 passed by the learned II Additional Senior Civil Judge, Rangareddy District at L.B.Nagar, Hyderabad.

(2.) A.S.No. 873 of 2003 has been filed qua the judgment and decree passed in O.S. No. 262 of 1995. A.S.No. 874 of 2003 has been filed qua the judgment and decree in O.S.No. 500 of 1993. The unsuccessful first defendant in both the suits is the appellant.

(3.) The facts leading to file the instant appeals may be stated thus: The first defendant in both the suits is the institution known as the Loyala Public School Society, situate at Father Balaiahnagar, old Alwal, Secunderabad. The second defendant was its former President. The first defendant filed a suit in O.S.No. 291 of 1987 on the file of the Additional Sub-Judge, Rangareddy District at Saroornagar against the plaintiffs in both the suits and the second defendant, Father, Balaiahnagar Co-operative Housing Society, Alwal and another seeking the relief of declaration of title and for consequential perpetual injunction. The premises on which the said suit was filed was that Reverend Father Balaiah, the highly respected Father of Catholic Church and who was instrumental in the promotion and growth of several educational institutions in Madras, Vijayawada, Vinukonda, and other places, was instrumental in starting Loyala Academy at Alwal in or before the year 1979 established on an extent of Acs. 147.00 of land. He further contemplated of starting a public school in the name and style of Loyola Public School. He formulated a scheme of owning an extent of Acs. 27.00 of land to provide house sites to the various members who may be associated with the promotion of the said education activity and with that intention and objectivity he started the Father Balaiahnagar Co-operative Housing Society at Alwal in the year 1980. The society acquired the necessary land. It was the desire of Father Balaiah that the Loyola Public School should be established in the housing complex. For that purpose, he purchased the plots bearing Nos. 142 to 147 benami in the names of the plaintiffs in both the suits and the second defendant. As aforesaid, a society was formed and the same was registered with Anand Rao as its President and father Balaiah himself as a senior executive member along with other members on 13-8-1984. After having obtained the necessary sanction from the Hyderabad Urban Development Authority, got the school building constructed in the entire area inclusive of the plots purchased benami in the names of the plaintiffs and the second defendant. On account of subsequent developments, the plaintiffs started saying that they would seek to enforce the alleged right over the respective plots. Under those circumstances, the suit was filed.