BHIM SAIN WADHWA Vs. ASHOK

JUDGEMENT

(1.) THIS order shall dispose of RSA Nos. 1913 and 1914 of 2009. However, for facility of reference, facts are taken from RSA No. 1913 of 2009.

(2.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, holding that the present suit filed by the plaintiff is not maintainable in terms of Section 92 of the Code of Civil Procedure. One Thakar Dass, alleging himself to be the President of Rewari Branch of Parm Hans Swami Uma Bharti Mission, filed the present suit for declaration challenging sale deed dated 11.1.1991; 7.8.1991 and 15.12.1992 in respect of the land belonging to Swami Uma Bharti Public School Jhajjar Road, Rewari. Since the first Appellate Court has dismissed the suit for the reason that the same is not maintainable as the requirements of Section 92 of the Code of Civil Procedure are not complied with, the other facts are not necessary to be mentioned at this stage. The plaintiff claims to have been authorised to initiate legal proceedings vide resolution dated 24.3.1995. The learned trial Court, while discussing the locus-standi of the plaintiff recorded a finding that Shri K.D. Attri and Bhim Sain were not the members of the Executive Committee at the time of institution of the present suit in view of the order dated 15.9.1990. It was further held that at the time of filing of the present suit, both Thakar Dass, the original plaintiff and subsequently Bhim Sain, the successor of Thakar Dass, were not authorised by the Executive Committee of the Mission to file suit. The learned trial Court held that since the mission is being run at the whims and caprices of the founder, therefore, the plaintiff can very much challenge the act of the founder. The relevant finding recorded by the learned trial Court reads as under :-

(3.) LEARNED counsel for the appellant has vehemently argued that Thakar Dass was the President of the Society and, therefore, competent to file the suit to protect the property of the Trust. He relies upon Resolution dated 24.3.1995. Reliance is also placed upon Bishwanath and another v. Sri Thakur Radha Ballabhji and others, AIR 1967 SC 1044; Ram Pal Kanwal and others v. Swetamber Sthanic Jain Sabha, Faridkot (Regd.) and others, 1988(1) Recent Revenue Reports 102 (P&H) and Guru Nanak Education Trust (Regd.) and others v. Sh. Balbir Singh and others, 1995 PLJ 207.