S.D. AgarwaIa, J. - (1.) THIS is a petition Under Article 226 of the Constitution of India arising out of Original Suit No. 113 of 1983 filed by Respondent Nos. 7 to 127, who are advocates practising in the Courts at Basti. The suit has been filed against the Petitioners, inter alia, for a relief of declaration that the entire moveable property of the Petitioners and the money deposited In the banks in the name of the Petitioner belonged to the residents and the entire citizens of the municipal area, Basti, and that the utilisation of the property is for illegal, irregular and unsocial purposes. A further relief has been sought in the said plaint to the effect that the Petitioners be restrained from making any constructions, either for the benefit of the petitioners or for imparting Arabic language and that the moveable and immovable properties received in future by the Petitioners be not spent.
(2.) DARUL Ulum Islamia, Petitioner No. 1, is a Society, registered under the Societies Registration Act, 1860. Petitioner No. 2 is the President of the Petitioner No. 1 Society Petitioner No. 3 is the Secretary, Petitioner No. 4 is the Treasurer and Petitioner Nos. 5 to 11 are the members of the Managing Committee of the said Society. The suit is based on the allegations, inter alia, that about three years back, Petitioner Nos. 2 to 4 have received unlimited money in crores from the Arab countries in the form of petio dollars. With the said money, the Petitioners purchased land in village Bhuwar Niranjanpur in the out -skirts of the Basti municipality and, thereafter, they further purchased the properties in the city of Basti. It was further alleged that the Petitioners were constructing a building in the city of Basti and that they want to use the said building for providing dwelling for about 4000 people on the pretext of imparting religious education in Arabic language in the name of Darul Ulum Islamia and thai the establishment of Darul Ulum Islamia is a nuisance for the peace loving citizens of the Basti municipal area. The allegations have further been made as to how the establishment of the institution would result in creating nuisance.
(3.) THE suit has been alleged to have been instituted for and on behalf of the benefit of the entire citizens residing in the Basti municipal area. This suit was filed on 7th October, 1983. On the same day, an application was made under Order I Rule 8, Code of Civil Procedure.;