KALPANA SARKAR Vs. RAMKRISHNA MISSION

JUDGEMENT

(1.) We had taken up the application under Order 41 Rule 27 of the Code of Civil Procedure (CPC) and allowed the same. The parties have relied on the documents contained therein of the purpose of arriving at the conclusion on the contentions raised by the respective parties.

(2.) Mr. Banerjee, appearing for the appellant, had raised two very interesting questions on which this appeal was admitted which are set out as under:

(3.) In order to substantiate his contention Mr. Banerjee relied upon sections 18 and 19(1) of the West Bengal Societies Registration Act. We would like to take up the ground No. 2 first section 18 recognises that the property is to be referred to as the property of the Society. In fact, under the West Bengal Societies Registration Act, 1961 (1961 Act), the Society is not treated as or given the status of a body corporate but it can hold property. In section 18 of the Act, it has been mentioned that all property belonging to the Society, if not vested in the trustees, shall be deemed to be vested in the Governing Body but shall be referred to as the property of the Society. In fact, the vesting of the property was intended to enable the trustees or the Governing Body to deal with the property. The vesting of the property is distinct from the ownership of the property. When a property belongs to a body having a distinct legal entity without being a body corporate in that event, such a body cannot operate except through some authorised member or some office-bearers of such body. In the West Bengal Societies Registration Act, a Society has been defined as a body of persons who are given a status, which is distinct from its members. The liability of the Society does not percolate on the members. Under section 27 of the West Bengal Act, on dissolution of a Society, the profit cannot be distributed among the members but are to be transferred to some other Society. All the members cannot manage the society. Out of the members of the Society, only a few persons elected as Governing Body consisting of a President, and Secretary and office-bearer. They are authorised to manage the same. Though the Society is a body of the members yet the property vests only to the trustees or to the Governing Body and not with the members nor the members are the owners of such property. The property remains that of the society. It vests in the Governing Body for the purpose of enabling the Governing Body to manage the same. Without this vesting, no one could manage the property.