QUASIM Vs. MIRJA GHALIB COLLEGE

JUDGEMENT

(1.) THIS Civil Revision is directed against the order dated 20.4.2000, passed by the District Judge, Gaya, in Misc. Appeal Nos. 43 of 1999 and 44 of 1999, dismissing the appeals against the order dated 10.9.1999, passed by the Subordinate Judge -Vl, Gaya, in Title Suit Nos. 8 of 1999 and 151 of 1999, by which he has granted injunction in favour of the plaintiff -opposite parties and restrained the defendant -petitioners from interfering with the day -to -day work of the Mirza Ghalib College, Gaya.

(2.) FIRSTLY , the facts, which are not in dispute, are to be stated. Mirza Ghalib College, Gaya (hereinafter called as the College ') was established in 1968 by the local Muslim community of Gaya with the aim to impart modern and scientific education to the students of minority community with a view to conserve their distinct language, culture and religion. In November, 1968, a decision was taken to constitute a Council, namely, Mirza Ghalib College Council (hereinafter to be referred to as 'the Council ') to run its affairs. Donation fee of Rs. 500/ - was provided for being a member of the Council. An Ad hoc Governing Body came into existence on 25.11.1969 and Bye - laws and Rules were framed by the Councillors and the same were registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as 'the Act ') on

(3.) NOW the dispute between the parties is that according to the plaintiffs, the dispute arose in 1998 when the two sets of persons started claiming themselves to be office -bearers of the said Council. The plaintiffs claim that a meeting of the Council was held on 15.11.1998 and plaintiff no. 2 Masood Manjar was elected as Chairman of the Council. On 24.11.1998, a meeting was held to elect the office bearers of the Governing Body and plaintiff no. 3 S.K.R. Shamsi was elected as President and plaintiff no. 4 S. Quaisar Sharfuddin was elected as Secretary of the aforesaid Governing Body.