R.G. VAIDYANATHA, J. :---These are two appeals filed by the respective parties against the judgment and decree dated 18-7-1996 in Suit No. 4457/95 on the file of City Civil Court, Bombay. First Appeal No. 1618/96 is filed by the original defendants against the decree passed by the trial Court. First Appeal No. 1625/96 is an appeal filed by the original plaintiffs against the dismissal of part of the suit claim on the ground of limitation. Common arguments were addressed by both the sides regarding both the appeals, hence, both appeals are being disposed of by this common judgment.

2.The parties will be referred to as per their rank and title in the Court below.

Nandlal D. Chhabria and three others-plaintiffs jointly filed a suit in the trial Court against the National Sports Club of India and its office bearers.

3.The plaintiffs' case in brief is as follows :-

The plaintiffs are the life members of the first defendant Club National Sports Club of India since 1950. The Club is registered under the Societies Registration Act, 1860. Each of the plaintiffs have paid the required subscription of Rs. 1000/- for becoming Life Member of the first defendant Club as per the rules and regulations of the Club. The plaintiff are not liable to pay any other subscription being Life Members. Of course the plaintiffs are liable to pay charges for making use of facilities and amenities provided by the Club. It is alleged that in 1986, the Club issued a circular stating that the members are required to pay annual fee of Sports Development Fee of Rs. 60/- per year with effect from 1-1-1986 on the basis of resolution of the Executive Committee. Then the Club issued bills including this annual subscription of Rs. 60/- as sports development fee. The plaintiffs by writing a letter dated 18-6-1986 objected to levy of any such fee on Life Member. It is asserted that Life Members are not liable to pay any such fee or subscription. The plaintiffs also protested and refused to pay the said demand. Again in 1995, it is alleged that the Club issued a letter dated 31-5-1995 demanding the arrears of sports development fee from the plaintiffs. The plaintiffs sent a reply dated 7-6-1995 objecting to the said demand and asserted that being Life Member they are not liable to pay the same. Then the Club President issued a rejoinder dated 12-6-1995 asserting that the amount should be paid by the members, failing which he will be forced to take action as per Rules. It is alleged that the Club has no such right to demand sports development fee from the Life Members. The demand is illegal since, the Life Members are not liable to pay any subscription for life. It is further alleged that the defendants are also demanding Rs. 100/- per member for the victims of earthquake at Latur in 1993 and again a payment of Rs. 100/- per member for a Marathon Race for the slum dwellers children at New Delhi. It is alleged that both these payments are meant to be voluntary payments and the Members cannot be compelled to pay the same. It is alleged that in view of plaintiff's denial to make the payments mentioned above, the defendants refused to issue the first plaintiff's daughter a duplicate identity card since, she had lost her original identity card. As a result of this, she is now prevented from using the Club facilities. The first plaintiff has been orally told that identity card will not be issued to his daughter unless he clears and pays the arrears of sports development fees. The defendants are likely to take steps to terminate the membership of the plaintiffs. Hence, the suit is filed for a declaration that the levy of sports development fee, demand of contribution for the Latur earthquake victims and the demand for the Marathon Race for the slum children are illegal and ultra vires of the powers of the Club, for a declaration that the defendants are not entitled to terminate the Membership of the plaintiffs or curtail the enjoyment of the facility of the Club by the