Judgment

SHELAT, J. : This appeal by special leave relates to a plot of land admeasuring about .41 decimals situate within the municipal limits of Chandernagore.

2. Respondent No. 1 is a society registered under the Societies Registration Act, XXXI of 1860. Its objects as set out in Cl. 3 (s) of its Memorandum of Association inter alia are "to work, manage, develop, improve and utilise properties and business for the promotion of education, art science, religion and charity or other useful objects". On March 23, 1941 one Kashinath Seal, the owner of a large plot of land, granted a permanent lease of the land in dispute out of the said plot in favour of respondents 2 and 3. By a registered deed of lease, dated September 29, 1944 he granted lease of the entire plot of land including the land in dispute to one Motilal Roy for 99 years. So far as the land in dispute is concerned, which as aforesaid was leased out to respondents 2 and 3, the said Motilal Roy acquired under this lease only the right of realising the rent. The said Motilal Roy was the founder of the 1st respondent Association and was a mere benamidar thereof. By a deed of relinquishment, dated March 14, 1953 he relinquished