- (1.) This revision petition is filed by the petitioner in O.P.No. 28 of 1995 against the order of the Chief Judge, City Civil Court, Hyderabad dated 4-10-2001.
(2.) The respondent herein is the respondent in the said petition. The respondent is a social organization registered under the A.P. (Telangana Area) Public Societies Registration Act with registered No. 1574 established in the year 1932. The object of the respondent club is to entertain the members. The petitioner is a practicing Advocate in Hyderabad and Secunderabad. On 24-6-1993 he made oh application to the respondent enclosing a cheque bearing No. 889566 dated 24-6-1993 for Rs. 5,000/- seeking membership of the club. The petitioner contended that he was admitted as a member of the club and a membership card No.P078 was issued to him. Since then he is utilizing the club for his social activities by paying the requisite bills without any default. He was also entertaining guests in the club since 1 1/2 years prior to the petition. On 16-1-1995 when the petitioner went to the club along with his guests, the employee of the respondent served him a letter dated 4-12-1994 mentioning that due to unavoidable circumstances the managing committee decided to terminate his membership with immediate effect and requested him to pay the dues of Rs. 606/-. The action of the respondent terminating the membership of the petitioner without any notice or assigning reasons is illegal and arbitrary. The respondent has no right to terminate the membership of the petitioner unilaterally and it is against the principles of natural justice. It is mala fide and bad under law. There is no category named as "Special Temporary Membership" under the rules and bye-laws of the respondent. The petitioner has not contravened any rules and bye-laws of the respondent, therefore, the termination of the membership is liable to be set aside.
(3.) The respondent resisted the petition contending that the respondent club consists of four types of members viz., (1) life members, (2) members, (3) temporary members, and (4) honorary members. The petitioner applied for membership of the club on 18-6-1993. By that time about 34 applications were pending for admission. There were no vacancies for membership to admit them as members. The Managing Committee treated all the applications as special cases, including the application of the petitioner, to utilize the facilities of the club as special temporary members, till a decision is taken to admit or reject the applications. They were exempted from paying any subscription. The petitioner availed the facility of the club as a special temporary member. The Managing Committee of the club in the meeting dated 3-12-1994 considered the applications and decided to reject them and terminated the special temporary membership of all those persons with immediate effect. The petitioner was informed about the same through its letter dated 4-12-1994. The petitioner was never admitted as a member and he was merely permitted to avail the facilities of the club as special temporary member till 4-12-1994. The petitioner did not enclose any cheque to his application for membership. He was admitted as a member of the club. He was given only special temporary membership. The petitioner was never allowed to entertain any guests. Rule 14 of, the bye-laws empowered the Managing Committee of the club to admit or reject the applications for membership. Therefore, the question of giving opportunity to the petitioner before rejecting his application does not arise. The Managing Committee has got every right to terminate the membership to temporary members. The petitioner and 33 others were allowed to avail the facilities of the club as a special case by styling them as "Special Temporary Members". They were given the facility of availing the facilities of the club without any subscription. The petitioner is not entitled for admission as a member of the club, as of right. He is not entitled for the declaration as prayed for. The petition is therefore liable to be dismissed.;