Pinaki Chandra Ghose, J. - (1.) The appeal is arising out of an order passed by the Hon'ble First Court dated 19th March, 2004.
(2.) Facts of the case briefly are as follows: One Late Benjamin H. Elias, the memory of his uncle, donated certain amount from his estate and the premises No.25, Blackburn Lane, Kolkata (hereinafter referred to as the said premises) was purchased to establish, maintain and manage the Prayer-house which is known as the Maghen Aboth as well as a Rest House or home for the aged members of the Jewish community was created in the name of "Jacob Benjamin Elias Home". For such purpose a society was registered under the Societies Registration Act, 1860 having its registered office at No.25, Blackburn Lane, Kolkata.
(3.) The following persons became the members of the said society: (i) Mr. J.N. Elias, President (nominated); (ii) Mr. Muslesh Hony, Treasurer (nominated); (iii) Mr. B.N. Musleah, Hony. Secretary; (iv) Mr. I.E. Mordecal; (v) Mr. S. Nawe; (vi) Mr. A. Ezekiel; (vii) Mr. A. Morris.;