Kamleshwar Nath, J. - (1.) THE plaintiff-respondent's suit for a permanent injunction to restrain the defendant-appellants from realising income from Mela of Takia Mohabbat Shah or Tahebazari of Plot Nos. 413, 429, 432, 434, and 130 M of Village Patan, Tehsil Purwa, District Unnao, having been decreed by the learned Munsif South, Lucknow, and confirmed in appeal by the llnd Additional District Judge, Unnao, this second appeal has been filed to challenge the decree.
(2.) THE settled facts are that the aforesaid plots belonged to Gaon Sabha Patan and initially the Mela income as well as Tahebazari etc. throughout was realised and appropriated by the Gaon Sabha. By a resolution dated 16-11-1955 of the Gaon Sabha Patan a decision, as follows, was taken ;- "Whatever income accrues from the plots (mentioned above) or from Takia Mohabbad Shah or in any manner to the Gram Samaj, the same is donated in perpetuity to Mahatma Gandi Vidyalaya Patan. In future no such change would be effected as might reduce the income. " At the time when the resolution was passed, the Mahatma Gandhi Inter College, Patan, was only a Junior High School. The resolution of the Land Management Committee was promoted by a desire to enable the Junior High School to be upgraded to a High School and to earn recognition of the U. P. Board of High School and Intermediate Education. Subsequent to the passing of the resolution not only the Junior High School was upgraded to the standard of High School, but in due course was further upgraded to the Intermediate Grade and also received government aid. Several years passed and the income of the said plots continued to be appropriated by the College. On 24-7-72 the Land Management Committee of the Gaon Sabha Patan purported to consider the necessity of taking back the property of the Gaon Sabha granted by resolution dated 16-11-1955. The relevant portion of the resolution is as follows :- "Today 24-7-1972 a meeting was held under the Presidentship of Deoki Nandan Chowdhary in which the resolutions mentioned below were passed unanimously. Quorum is complete. Resolution No. 1- Ranjit Chowdhary moved a resolution that in respect of such property of the Gram Samaj which has been recorded in the name of Mahatma Gandhi College, without the approval of Gram Samaj (Land Management Committee) or in the name of the other institutions or persons, information regarding the same be gathered and the proceedings be taken in order to get the property mutated again in the name of Gram Samaj of Patan. The Panchayat will bear the expenses of all legal proceedings in this connection ; a suit be filed, Dr. Sheo Nandan seconded the above resolution and the same was passed unanimously. " On 22-10-1972 the Land Management Committee resolved that " by resolution dated 16-11-55 the school had been allowed to realise the income of the Mela and the Takia for the purposes of securing recognition of the school, that whereas in addition to recognition the school has become self supporting in all respects, that presently a number of construction works of Gram Samaj are pending which have been stopped because of lack of funds due to the grant of land source and income to the school and, therefore, in order to carry out those functions, the Gram Samaj itself will appropriate the income and that in future the school will not appropriate the same. "
(3.) BY this resolution the original grant, under resolution no. 16-11-55, was revoked. The college, however, proceeded to auction the Mela contract for which they fixed 24-12-1972 as the date for auction. Consequently, on 23-12-1972, Gaon Sabha, plaintiff-respondent, filed the suit which has given rise to this second appeal with the case that in passing the earlier resolution dated 16-11-1955, the Gaon Sabha or the Land Management Committee acted without jurisdiction and that the Gaon Sabha (Land Management Committee) having revoked the licence on 22-10-1972, the defendant-appellants had no right to continue to realise the income of the plots or from the Mela. The defendant-appellants' case was that the grant, in consequence to the resolution dated 16-11-1955, was the basis on which the recognition of the institution as a High School and subsequently as Intermediate College was secured, that the right in favour of the College had been created permanently by the Gram Samaj, and consequently they were estopped from cancelling the licence.;