S.C. Gupte, J. - (1.) First Appeal No.6 of 2010 First Appeal No.6 of 2010 challenges a judgment and decree passed by Adhoc District Judge-I, Fast Track Court-I, South Goa at Margao. The decree is passed in a Special Civil Suit filed by the respondent herein (original plaintiff) seeking a declaration of invalidity of a Lease Deed executed on its behalf by its erstwhile President in favour of the appellants (original defendants).
(2.) The burden of the plaint is that the Lease Deed was purportedly executed by the President of the plaintiff-society without any authority. It is submitted that the object of the society, contained in its bye-laws, provides for acquisition by purchase or lease of immovable properties and their cultivation directly or by agreement by auction as established in the internal statute of the society. It is submitted that the present lease granted in favour of the defendants was for development of the property and not for agricultural use and was opposed to the object of the plaintiffsociety.
(3.) The defendants in their written statement have contested this claim of the plaintiff. The defendants do not admit that the bye-laws of the society did not permit the President of the society or any other person to create a lease. The defendants deny that the lease in question was either illegal or contrary to the object of the plaintiffsociety.;