Bimal Chandra Basak, J. This appeal arises out of a judgment and order passed by the trial court dismissing the application of the petitioner-appellant for an injunction. The suit was filed by one Preeti Singha Roy stated to be the Secretary of the Calcutta Ladies Golf Club (hereinafter referred to as the said Club) against the Calcutta Tramways Company Ltd. (hereinafter referred to as the Tramways) for a declaration that the Club is entitled to retain possession of the land shown in exhibit ‘A’ and a perpetual injunction restraining the defendant, its servants and/or agents from trespassing upon, damaging or digging up in any way the said land or any part thereof And for Rs. 5,000/- as damages. The plaintiff’s case as sought to be made out in the plaint is that the Calcutta Ladies Golf Club was founded in or about 1891 and had been duly registered as a Society on 17th October, 1979. The plaintiff is the Secretary of the said Club and as such entitled to sue on behalf of the of the said society. It is stated that form about 1891 the Club came into possession of the Land in the Maidan indicated in a plan prepared by the authorities o Government in about 1923 as specified in exh