- (1.) The plaintiffs filed an application for a temporary injunction. The allegation is that in January, 1981, defendant no. 2, S. C. Lakhotia, member of one of the Lodges interested to buy, or to take a lease of 30 cottahs out of the property at 19, Park Street, Calcutta, for a long term, came in touch with some members of the committee of Bengal Freemasons' Trust Association, defendant no 1. He acted in concert with them, prepared a plan to get possession of a portion of the property with a view to having a sham transaction on the pretext of developing the same. It is very valuable property. The plaintiffs will suffer irreparable loss if it is let out at such a lease for a period of 99 years to defendant no. 2. The latter is bound to deal with the trust property to the best advantage of the beneficiaries. Of course, some resolutions were passed at some meetings for the purpose of such lease under the colour of development of the property. But those meetings are irregular ones and not in accordance with the Articles of Association. The plaintiffs are the members of the District Grand Lodge of Bengal and also of a Board of General Purposes, which is the governing body of the District Grand Lodge of Bengal. Hence this application to restrain the defendant no. 1 from granting lease and also from executing an agreement of lease.
(2.) The prayer was opposed by both defendants nos. 1 and 2.
(3.) The learned Chief Judge of the City Civil court considered the case on the point whether the plaintiffs petitioners had locus standi to file the suit and ask for a temporary injunction. He answered that question in the negative, declined to go into other questions and dismissed the prayer for temporary injunction. Hence this appeal by the plaintiffs.;