Decided on December 17,2012

Hans Cultural Center Appellant
Kunwar Singh Chauhan,Lauri Mcfadyen Respondents


B.S.VERMA, J. - (1.) HEARD Sri Rajendra Dobhal, Senior Advocate, along with Sri Arvind Vashist, Sri Sarwar Raza and Sri G.S. Negi, Advocate for the appellant and Sri N.S. Pundir, Advocate for the respondents on stay application.
(2.) THIS appeal has been preferred against the judgment and order dated 1-11-2012 passed by Addl. District Judge, Tehri Garhwal in O.S. No. 35/2012, Hans Cultural Centre vs. Kunwar Singh Chauhan and another, whereby the application 7-C moved by plaintiff U/O 39 Rule 1 and 2 and Section 151 C.P.C. for granting temporary injunction has been rejected. The plaintiff-appellant has filed a suit for permanent injunction against the defendants for permanent injunction restraining the defendants/respondents and their agents not to enter into the premises of the School and not to interfere in the management of the school and also not to damage the property of the school.
(3.) BOTH the respondents 1 and 2 were appointed as care-taker and principal by the plaintiff-society and the appointments were accepted by these defendants. Thereafter when their services were terminated then they started interfering in the management of the school. According to the defendants they are running the school Garhwal 2 English Medium, through the society Garhwal Organization for Upliftment of the needy, and the defendants are appointed as Manager and principal by the Society and the school is being run at village Sainji, whereas according to plaintiff they are running the school in the name of 'Rajeshwari Karuna School. ' Plaintiff 's further case is that the land was purchased by way of sale-deed in October, 2011 and the property of the school belong to plaintiff-society and not to the society of the defendants.;

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