UDAI NARAIN RAI Vs. BHARAT NARAIN MISHRA

JUDGEMENT

(1.) THIS second appeal has been filed by defendant no. 3 -appellant no. 3 -sole appellant against the judgments and decree of both the learned courts below.

(2.) THE matter arises out of Title Suit No. 142 of 1972 (9/1987) filed by plaintiff - respondent - respondent no. 1 for declaration that letter dated 20.9.1972 sent by defendant no. 2 the Principal of M.V. College, Buxar on the basis of approval accorded by defendant no. 4 the Vice -Chancellor of Magadh University in favour of defendant no. 3 Sri Udai Narain Rai (appellant) was illegal, void and without jurisdiction and that the plaintiff being senior to defendant no. 3 had a right of automatic nomination to the Governing Body in preference to defendant no. 3 and also that approval accorded by the University to defendant no. 3 was illegal, void and without jurisdiction and for directing defendant no. 4 to accord approval to the services of plaintiff and for restraining defendant nos. 1 and 2 (Convener and Principal of the College) from convening any meeting of Governing Body of the College without the plaintiff as a teacher representative.

(3.) ON the basis of aforesaid issues, evidence were led and arguments were made by the parties whereafter the learned 1st Additional Munsif, Buxar vide judgment and decree dated 16.8.1990 decreed the suit on contest with cost after arriving at the following findings: ''