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TMI Blog1999 (2) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... the children of the community (hereinafter referred to as 'the Society'). There is also another organisation of the Jains, namely Jain Swetambar Terapanthi Mahasabha, of the same religious community. These two are rival organisations. In this appeal, we are concerned with the Society which is managing four schools - three Girls schools and one Boys school. 4. The Society appointed Phundan Singh (Respondent No. 1) as Headmaster of the Boys school in 1993. The executive Committee which is now running the Society was voted to office and accordingly it assumed charge on December 24, 1994. On October 3, 1995, Respondent No. 1 attained the age of superannuation, sixty years, but by a resolution of Joint Meeting of Executive Committee and Board of Trustees, his services were extended for a period of one year. Again, on October 4, 1996, the services of the first respondent were extended for a second term of one year expiring on October 3, 1997. 5. On the allegation that Respondents No. 2, 4 to 6 and some others were indulging in activities harmful to the Society as well as the school, their membership was terminated by a resolution adopted by the Society on July 13, 1996. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kar Gupta, learned senior counsel appearing for the appellant, vehemently argued that the High Court has gravely erred in setting aside the order of the Civil Court by wrongly observing that the trial Judge could not have granted the injunction without finding that plaintiff has made out a prima facie case. He contended that the High Court went far beyond its jurisdiction by appointing joint administrators to manage the society and the schools which is beyond the scope of the suit. 10. We have perused the order of the High Court under appeal as well as the order of the Trial Court. The High Court observed that (i) the trial court perhaps did not apply its mind properly or carefully to the important aspect of the matter and yet in the absence of any prima facie case having been established by the respondent in this suit, granted temporary injunction in favour of the plaintiff and passed the order of restraint against the respondents, including the appellants before it; (ii) valuable rights of the defendants relating to the holdings of offices were under adjudication before the trial court and yet without prima facie coming to even a provisional conclusion as to whether they had c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affected in view of the fact that the allegations against OP Nos. 1 to 5 which have been established prima facie are very serious. In view of that I am inclined to allow the instant petition for temporary injunction. 13. It may be pointed out that it is one thing to conclude that the trial court has not recorded its prima facie satisfaction on merits but granted the temporary injunction and it is another thing to hold that trial court has gone wrong in recording the prima facie satisfaction and setting aside that finding on the basis of the material on record because it has not considered the relevant material or because it has erroneously reached the finding or conclusions on the facts established. In the first situation, the appellate court will be justified in upsetting the order under appeal even without going into the merits of the case but in the second eventuality, it cannot set aside the impugned order without discussing the material on record and recording a contrary finding. The High Court proceeded to set aside the order of the trial court on the first ground ignoring the afore- mentioned findings of the trial court, the order under appeal is, therefore, unsustainable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old the property in question which was in the occupation of trespassers, thirty eight families, who had made pucca constructions thereon. The receiver sold the property by private negotiations with the permission of the court. Though the offer amount was accepted by the receiver, the balance of the sale consideration was not paid within time. The purchaser obtained orders for the summary eviction of the respondents-occupiers of the land. On the applications of respondents, Section 145 Cr.P.C. proceedings were initiated and they were pending. The respondents offered one lakh rupees more than the sale consideration agreed to by the purchaser. Though the learned single Judge of the High Court rejected the offer of the respondents, the Division Bench accepted the offer on the ground that there was no concluded contract with the purchaser and to do social justice as it would save eviction of thirty eight families from their houses. On special appeal, this Court observed that by its judgment the High Court got more money for the owners on the one hand and on the other sought to rehabilitate the thirty eight families of the respondents who had already built permanent structures and were i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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