Judgment

Quadri, J.-Leave is granted.

2. The appeal is directed against order of the Division Bench of the Calcutta High Court in FMAT No. 438 of 1998 dated 18th September, 1998. The plaintiff in the suit, out of which this appeal arises, is the appellant.

3. The appellant is a society, registered under the Societies Regis­tration Act, established some time in 1916 by certain families of Jain community for preservation of its culture, heritage, religious philos­ophy etc. and for imparting modern commercial, physical and religious education according to the tenets of Jain Swetambar Terapanthi reli­gion to 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. O