Decided on November 25,2019

Moloy Roy Appellant
St. Anthony Day School Respondents


ABHIJIT GANGOPADHYAY,HARISH TANDON,JJ. - (1.) The present appeal is directed against the order no. 42 dated 18th June, 2018 passed by the learned Civil Judge (Senior Division), Jalpaiguri in Title Suit No. 137 of 2013, by which an application for appointment of receiver filed by the plaintiff was rejected on contest.
(2.) A suit for declaration of right, title and interest to the extent of undivided 1/3rd share in the land and that the plaintiff is the founder of the defendant no. 3, school, and that the resolution dated 2nd January, 2013 taken by the said defendant no. 3 is not binding upon him, was filed before the Trial Court. Apart from the said declarations consequential reliefs in the form of mandatory injunction directing the defendant nos. 1 to 3 to pay Rs.23,000/- per months as lease rent and to deposit all incomes including tuition fees and other fees to the school's bank and all expenditure including the salary of the teachers and non-teaching staff be paid through account payee cheque.
(3.) It appears from the plaint filed by the plaintiff that by virtue of a registered deed, the land was purchased jointly by the plaintiff and defendant nos. 4 and 5 and a school was established imparting education in English medium to the children of the vicinity or the nearby locality. The school subsequently got affiliation from the ICSE Council, New Delhi and thereafter the dispute arose amongst the co-sharers, who are also in the helm of the school administration and the present suit is filed alleging that not only the plaintiff is deprived of the share of rent but also there is a mismanagement at the behest of the school authorities leading to embezzlement of fund.;

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