(1) THIS Civilby special leave is at the instance of a builder who had entered into a contract with the Board of governors of the La Martiniere School at Calcutta in respect of certain immovable property of the School to be taken by the builder on permanent lease.

(2) CHRISTOPHER Martin Desgranges Martin left behind a will which stipulated the setting up of a school for the benefit of the city of Calcutta and upon his death the will was probated and the executors set up the School. The Board of governors of the School (hereinafter Board) among others has the reverend Bishop of the City of Calcutta as its Chairman and a retired Major-General of the Indian Army as a Member. The old Martinians Association (hereinafter Association) being a body of the old students of the School resisted the request of the School before the High court when it applied for acceptance of the agreement of lease of 1981. A learned Single Judge while agreeing on principle to accord sanction asked for further details. The division bench made certain directions in an appeal taken to it by the builder and the interim directions form the basis of subject matter of this appeal.

(3) DURING t