( 1 ) BY this order I am disposing of two applications (1) IA No. 8855/95 under Order 39 Rules 1 and 2 and Section 151 Civil Procedure Code. for ad-interim injunction and (2) IA No-8856/95 under Order 40 Rule I Civil Procedure Code. for appointment of a receiver. These two applications have been filed by the plaintiff in a suit for declaration, injunction recovery of possession and rendition of accounts etc.

( 2 ) PLAINTIFF No. 1 is a Society registered under the Societies Registration Act, 1860 registered on 13. 7. 1972 with its registered office at D-23, Kirti Nagar, New Delhi and plaintiff No. 2 claims to be its President. Objects included imparting of education. It started a primary school at D-23, Kirti Nagar, Delhi. This School was recognized up to primary level by the Municipal Corporation of Delhi in the year 1977 and later was upgraded and accorded recognition up to middle school level in 1980 to Secondary Level in the year 1982-83 and to Senior Secondary Level in 1987-88 by the Director of Education, Delhi thereafter it was also affiliated to the Central Board of Secondary Education, Delhi. While according recognition to Secondary Level vide letter No. F. 22 (83)-Z-96/79-BOL/ll/100084 dated 12. 8. 1983 certain conditions were imposed which inter alia included the following:

"that the management of the School shall procure land from Delhi Development Authority for the School and construct thereon a suitable building for the school by December 1984 and this School is shifted to new building".

THE Society had approached the Delhi Development Authority (for short DDA) for allotment of land for construction of building for the school. Its case had been recommended- by the Director of Education, Delhi. The D. D. A. vide letter dated 19. 4. 1983 offered a 4 acres plot of land at A-2 Block, Paschim Vihar, New Delhi inter alia on the following conditions:

" (3) The land measuring 2 Acres shall be kept open for play ground and no structure of even temporary nature shall be raised and the land shall be used by the Society for the construction of H. S. School and for no other purpose whatsoever.

(8) The society shall abide by the Rules and Regulations of Delhi Administration for rrming a school.

(11) The building plan should be got approved from the Local Body/dda before undertaking any construction over the land.

(12) The Society shall complete construction of the School building on the land within a period of 2 years from the date of handing, over possession of land. "

( 3 ) DEMAND of Rs. 12,00,000. 00 on account cost of land and Rs. 30,000. 00 as ground rent for one year and Re. l. 00 as licence fee for play Field was also made to be paid within 60 days from the date of issue of the letter. Later on this land price and the ground rent thereon was reduced to 50% of it. Sometime thereafter onc Mr. M. M. Samuel since deceased, was taken as a member of the Society and was appointed as the Chairman of the Managing Committee of the school and in the meeting of the General Body of the Society held on 29th December, 1983 he was also appointed as General Secretary of the Governing Body of the Society, on 29. 12. 1983 the Governing Body constituted comprised of the following persons:-

1. Major V. M. R. James, President

2. Mr. M. M. Samuel, General Secretary

3. Mr. Joseph Thomas, Vice President (ex officio)

4. Mr. Gian Singh, Treasurer

5. Mr. H. Samuel, Counselor

6. Mrs. Prem Lata Joseph, (Counselor Coopted ).

7. Mr. Siddharth Sen, Counselor (Coopted ).

FOR the years 1983-84 and 1984-85. By resolutions No. 7-A and 8 passed in the same meeting Mr. M. M. Samuel was authorised to inter aha deal with the DDA in connection with the land, to make payment to the DDA towards cost of the land and to take possession of the same. A sum of Rs. I Lac was paid by Shri M. M. Samuel to the DDa on behalf of the Society on 30. 12. 1983 and for the balance he had given an undertaking on behalf of the Society to the DDA that the balance amountwould be