LAWS(CAL)-2015-9-124

DODAMGODA REWATHA THERO Vs. PRASANNA JAYASURIYA

Decided On September 08, 2015
DODAMGODA REWATHA THERO Appellant
V/S
PRASANNA JAYASURIYA Respondents

JUDGEMENT

(1.) The plaintiff was a Dharmaduta Member of Maha Bodhi Society of India. He was also the General Secretary of the said Society. He, on his own, resigned from the post of General Secretary of the said Society vide his letter dated 26th October, 2013. Subsequently the Governing Body of Maha Bodhi Society of India in its meeting held on 6th June, 2015 terminated the Dharmaduta Membership of the appellant/petitioner with immediate effect as he had taken legal steps with false statement against the Society to retain possession of the 'Kuti' at the Society's Saranath Centre which according to the Society constituted an act of misconduct on the part of the appellant/petitioner.

(2.) The said decision of the Governing Body of the said Society regarding termination of Dharmaduta Membership of the appellant/petitioner was communicated to the appellant/petitioner by a letter written by the President of the said Society on 4th July, 2015 being annexure-'H' to the injunction application.

(3.) The legality of the said decision of the Governing Body of Maha Bodhi Society of India and the validity of communication of the said decision vide the letter of the President of the said Society were challenged by the plaintiff/appellant in the suit. The plaintiff/appellant prayed for permanent injunction for restraining Maha Bodhi Society of India from giving any effect to the said decision of the Governing Body of the said Society and/or communication of the said decision of the Society vide the President's letter dated 4th July, 2015 being annexure-'H' to the injunction application.