Arindam Lodh, J. - (1.)This is a second appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 against the judgment and order dtd. 30/11/2018, passed by the learned Additional District Judge, Bishalgarh, Sepahijala District in case No. Misc. Appeal 5/2018, titled as Ever Green Institute, Bishalgarh and Ors., plaintiff-decree holders v. Vivekananda Welfare Trust and Ors., judgment debtor-respondents, dismissing the appeal preferred against the judgment and order dtd. 12/4/2018 passed by the learned Civil Judge (Senior Division), Court No. 2, West Tripura, Agartala in case No. Misc.(Ex.) 12/2017, arising out of the execution proceedings vide No. Ex. (T) 26/2016 initiated for execution of the judgment and decree dtd. 4/8/2016 passed in T.S. No. 60/2010.
(2.)The facts, in short, are that a school in the name of Evergreen Academy was started by Vivekananda Welfare Trust, which was created by way of registered Trust Deed under the Indian Trusts Act, 1882. At one point of time, during the continuation of the school, some problems cropped up between the members of the trust. To have a clarity and to run the school in its proper perspective, the Vivekananda Welfare Trust along with some of its members have instituted a suit bearing T.S. No. 60/2010, wherein, they have sought for declaration of title, recovery of possession, mandatory injunction and for realization of damage to the extent of Rs.1,00,100.00 tentatively.
(3.)It is the claim of the plaintiffs (respondents herein) that they being the Trustees of the plaintiff No. 1, namely Vivekananda Welfare Trust, have got exclusive title, as well as right of management and ownership of all the properties of the school, Evergreen Academy, and the defendants (appellants herein) are mere trespassers to the premises of the Evergreen Academy, who are liable to be evicted from the management of the said Evergreen Academy and liable to pay damage, as stated above.
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