- (1.) RESPONDENT -Society filed the instant suit against the appellant seeking a decree for permanent injunction restraining the appellant from interfering into the functioning of the School in question by the plaintiff -Society except in due course of law.
(2.) IT was averred in the suit that the respondent -Society was duly registered under the Societies Registration Act vide certificate dated 01.12.1993 by the Registrar of Firms and Societies, Punjab, Chandigarh and the School in question, namely, Shri Guru Hargobind Sahib Public School, Manji Sahib, Kotan situated on G.T. Road, opposite Gurudwara Manji Sahib was being run and controlled by the respondent -Society as well as its Management. The suit property belonged to Gurudwara Manji Sahib, whereas vide resolution No.65, the suit property was handed over to the School. Besides, Gurudwara Manji Sahib was being run and managed by the Panchayats of four villages, namely, Mandiala Kalan, Kot Sekhon, Kot Panaich and Mandiala Khurd. The Committee to run the Gurudwara Sahib was constituted by the four Sarpanches of the said villages. Hence, the Gurudwara Sahib was under direct supervision of the Sarpanches of aforesaid four villages. Nobody else had any right or authority in the affairs of management of the Gurudwara Sahib to which the suit property belonged. The plaintiff -Society was also formed with the consent of Sarpanches as it was created for the advancement of education and construction of School. Thus, the School in question was being run and managed by the said Society created lawfully under the provisions of law. Under the management of plaintiff -Society, the School had grown in educational standards. The tenure of governing body of the plaintiff -Society was extended by the Panchayats of aforesaid four villages considering its efficient management and functioning. The defendant -Committee had started threatening to take forcible possession of the School in question from the plaintiff -Society in an illegal manner for which it had no right. Hence, the instant suit.
(3.) UPON notice, the appellant appeared and contested the suit by filing written statement raising various preliminary objections. It was pleaded that plaintiff -Society was a self -styled Society while it never controlled or managed the School. Besides, it has no legal right to manage the School. The School building was also constructed with the funds provided by the defendant. It was denied that ownership rights over the land and building were ever transferred to the School or to the plaintiff -Society. Resolution No.65 stood cancelled vide resolution No.110 dated 15.11.1994. A sub -committee was formed to run the management of the School under the Gurudwara Parbandhak Committee. The Committee for the management of Gurudwara Sahib and the School was constituted vide resolution No.84 dated 31.03.1994 and from that date the said Committee managed the affairs of Gurudwara Sahib as well as the School. Later -on, the entire property and its management was taken over by the defendant vide resolution No.136 dated 20.02.1995; and thus, the suit was liable to be dismissed. The plaintiff filed replication wherein it reiterated the averments made and pleas taken in the plaint, while denying and controverting the pleas of defendant as taken in the written statement.;