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2011 Supreme(Kar) 303
High Court of Karnataka
THE HONOURABLE MR. JUSTICE H.N. NAGAMOHAN DAS & THE HONOURABLE MR. JUSTICE ARALI NAGARAJ
International Society for Krishna Consciousness, Mumbai having its Branch Office at Hare Krishna Hill Chord Road, Rajajinagar, Bangalore & Others
Versus
International Society for Krishna Consciousness, Bangalore rep by its alleged Secretary & Others
RFA No.421 of 2009
Decided On : 23-05-2011
For the Appellants:Udaya Holla, Sr. Advocate, for M/s. Lex Nexus & K Shashikiran Shetty, D R Ravishankar, Advocates.
For the Respondents:S.K.V. Chalapathy, Sr. Advocate. Mathai Paikadey, Sr. Advocate for Saiju Abrham Vergis for M/s. V Renjith Shankar Associates, Advocates for R-1, Amarnath Sinha, Advocate for R-6, K S Mallikarjunaiah, GP for R-7 to 8, R-2 to 5 SD.
Headnote:SPECIFIC RELIEF ACT, 1963 - Section 34: [H.N.Nagamoha Das & Arali Nagaraj, JJ] Suit for Declaration and Injunction - Plaintiff’s Society claiming its legal status merely on the basis of its existence which is not recognized in law - Legality of the Judgment and Decree passed by the Trial Court - Appeal against - Held, Mere existence is different from legal existence. A body may exist but still it may not have a legal status. A body may come into existence yet it may remain defunct. A body may be in existence but what function it was and it is doing is another aspect. Only when a body takes its birth and continues to function in accordance with law then only it acquires a legal status. After registration of the Plaintiff Society in the year 1978 it was mandatory to convey the first general meeting within 18 months from the date of its registration. Further, the general meeting in turn shall elect a Governing Body to look after the day to day administration of the Society. No documents are produced by the Plaintiff in proof of holding the first General Body and election of Governing Body. The failure to convey the first general body within 18 months from the date of registration is clear violation of mandatory requirement under Section 11(2) of the Karnataka Societies Registration Act. It is not in dispute that the Plaintiff society came to be registered under the provisions of Karnataka Societies Registration Act, 1960 as per Ex.P2, the Registration Certificate dated 8.7.1978. In the Plaint, Plaintiff admits that from 1978 to 1984 it was defunct. Plaintiff contends that in the year 1984 Madhupandit Das became the President of the Plaintiff society and he was and is in charge of the general administration of the Plaintiff society and other office bearers were admitted as members of the Plaintiff Society. Further, Plaintiff has not produced any evidence to show that under which General Body meeting of the Plaintiff Society the membership of Madhupandit Das and others was approved. No evidence is placed on record to show how many members were there in the year 1984 and as on the date of filing of the suit. In the absence of the said material evidence on record, the Trial Court committed an illegality in holding that the plaintiff society was in legal existence from the year 1978 till the date of filing of suit. The reasoning of the Trial Court is not supported by any evidence on record and on the other hand the same is contrary to the evidence on record.
SPECIFIC RELIEF ACT, 1963 - Section 34: [H.N.Nagamoha Das & Arali Nagaraj, JJ] Suit for Declaration and Injunction - Non-examination of the Prime Witness who had the full knowledge of the facts - Failure of the Trial Court in not drawing adverse inference against the Plaintiff - Held, When the President of the Society was solely responsible for the entire activities of Plaintiff Society, he is the best witness to speak the truth. In the instant case, the plaintiff Society has not got examined its President/Madhupandit Das. It is not the case of the Plaintiff that Madhupandit Das was not available nor was there any impediment in getting him examined as a witness for the plaintiff society. The plaintiff society has deliberately and intentionally not examined him as its witness. Further, Non-examination of the important witness who had the full knowledge of all the activities of plaintiff society leads to draw an adverse inference against the Plaintiff Society. Therefore, that the Trial Court committed an error in not drawing adverse inference against the plaintiff society.
SPECIFIC RELIEF ACT, 1963 - Section 34:: [H.N.Nagamoha Das & Arali Nagaraj, JJ] Suit for Declaration and Injunction - Defendant’s counter claim for a Decree of Permanent Injunction - Evidence on record to establish the existence of Bangalore Branch of Defendant No.1 - Non production of documents by the Plaintiff to prove its title and ownership in respect of Suit Scheduled Properties - Absence on material to show that the plaintiff society was engaged in building the ISKCON movement in the State of Karnataka, particularly in Bangalore City - Attempt made by the Plaintiff to give life to the defunct society - Held, Plaintiff/society has miserably failed to prove and establish that it is the absolute owner in possession and enjoyment of plaint schedule properties. On the other hand, it is found that the plaintiff, a defunct society, by taking advantage of similarity in the name of Bangalore branch of Defendant No.1 and by fabricating documents, is falsely claiming the plaint schedule properties. There is no evidence on record to show that plaintiff society built the ISKCON movement in the State of Karnataka and it acquired the schedule properties. - Further held, Defendant No.1 admits that they are having branch at Bangalore, Madhupandit Das as its President. It is further admitted the ISKCON Bangalore has built the Krishna movement in the State of Karnataka it has acquired the plaint schedule properties and it is in possession of the same. Further, it is also admitted that the branches of defendant No.1 including the ISKCON Bangalore enjoy certain degree of Autonomy. When the ISKCON Bangalore, as branch of defendant No.1, is in possession of plaint schedule properties the plaintiff society and its Office bearers have no manner of right to interfere with the functioning, managing and administering the plaint schedule properties. Therefore, the Plaintiff Society, its office bearers or any other person or persons claiming under it are to be restrained from interfering with possession and enjoyment of plaint schedule properties by the Bangalore branch of Defendant No.1. - On facts, held, Admittedly, Madhupandit Das and other full time devotees are heading the branch of Defendant No.1 at Bangalore. Therefore, Madhupandit Das and other functionaries in their capacity as President and functionaries of ISKCON Bangalore, as branch of Defendant No.1 are entitled to continue to function in accordance with the bye-laws, Rules and Regulations of Defendant No.1. However, their continuance as such shall be subject to the decision to be taken by ISKCON, Mumbai, in accordance with the bye-laws, Rules and Regulations of Defendant No.1. Suit filed by the Plaintiff is Dismissed. - Counter claim of the Defendant No.1 is Decreed.
1. This Regular First Appeal is directed against the Judgment and Decree dated 17.4.2009 in O.S.No.7934/2001 passed by the learned IX Addl. City Civil and Sessions Judge, Bangalore decreeing the suit of the plaintiff for declaration of title and injunction and dismissing the counter claim of defendants for decree of permanent injunction.
2. Appellants are defendants 1 to 4, first respondent is the plaintiff and respondents 2 to 8 are defendants 5 to 11 before the Trial Court. In this judgment, for convenience, the parties are referred to as per their status before the Trial Court. Wherever there is underlining, it is ours.
3. It is the case of plaintiff that Srila Prabhupada, a disciple of Chaitanya Mahaprabhu preached, propogated and spread the philosophy of Krishna Consciousness all over the world. From 1966 and onwards, Srila Prabhupada started a movement under the name and style “International Society for Krishna Consciousness” (ISKCON) in New York. Within a short span of time the said movement spread all over the world and, as on the date of filing the suit, there were 400 centres of ISKCON. Each ISKCON centre is a temple and presided over by the temple President. It was the desire of Srila Prabhupada that ISKCON centres are to be established all over the world and every branch shall keep its independent identity. As per the desire of Srila Prabhupada, a separate society under the name and style, ‘International Society for Krishna Consciousness’ came into existence at Mumbai in the year 1971 which is the first defendant herein. It is a body registered under the Societies Registration Act, 1860 and also registered under the provisions of Bombay Public Trust Act, 1950. The registered office of first defendant is situate at Harekrishna land, Juhu, Mumbai. The first defendant has framed its Memorandum of Association and Rules and Regulations to govern its functioning.
4. Plaintiff further contends that in the year 1970 Srila Prabhupada named 12 senior dispels called as Governing Body Commission (GBC) to assist him in managing the ISCKON movement all over the world and to work spiritually under the direction. This GBC remained an unregistered body of persons, only to assist Srila Prabhupada to spread the ISKCON movement.
5. Plaintiff is a society registered under the Karnataka Societies Registration Act at Bangalore in the year 1978. it is self-made, self-developed and self-supported one by raising funds from the public in the State of Karnataka and has built up its corpus and achieved development. The Plaintiff society got allotted item No. 1 of the plant ‘A’ schedule property from the Bangalore Development Authority (for short ‘BDA’) under a Deed of Conveyance dated 03.08.1988. Plaintiff society, by raising funds from the devotees, constructed a temple and cultural complex on item No.1 of plaint ‘A’ schedule property called as ‘Harekrishna Hills’. Item No.2 of plaint ‘A’ schedule property is the office and residential premises of plaintiff society situate at Mysore. Plaint ‘B’ schedule properties are movables such as plaques, jewellery, utensils made of silver and gold and some studded with diamonds, electrical installations, vessels, pots etc. plaint ‘C’ schedule properties are the bank accounts of the plaintiff society at Bangalore and Mysore. The accounts of plaintiff society are being audited regularly every year. The plaintiff society is engaged in religious, cultural and social activities.
6. Defendants 2 to 9 are associated with ISKCON movement of first defendant society.
The defendants 1 to 9 are jealous of the meteoric rise in the assets and the fame of plaintiff society. The defendants, with a view to lower the reputation of the President of the plaintiff society, are interfering with the affairs of plaintiff society. The first defendant and the GBC are passing resolutions from time to time and issuing notices interfering with the affairs of the plaintiff society, creating confusion in the mind of devo
