1. The instant Second Appeal has been filed by the appellants/defendants assailing the judgment and decree dated 07.03.2014 passed by the Civil Judge No.3, Kamrup (M), Guwahati in Title Appeal No.6/2012 reversing the judgment dated 20.12.2011 and decree dated 04.01.2012 passed by the Munsiff No.3, Kamrup at Guwahati in Title Suit No.278 of 2003.

2. The plaintiff is a society registered under the Societies Registration Act, 1860 and is governed by a set of bye laws framed under the law. The plaintiff has instituted the suit represented by its General Secretary Sri Dharani Talukdar. The plaintiff’s case, in brief, is that a general meeting of the plaintiff society was held on 06.07.1997 wherein altogether 19 members were elected in the Executive Committee including Sri Bipul Deori as the President and Sri Dharani Talukdar as the General Secretary for a three year term. The next general meeting of the plaintiff was held on 20.08.2000 wherein a resolution was adopted to extend the tenure of the earlier Executive Body for the next three years commencing from 1st day of Ahin corresponding to English calendar dated 17/18 September. There are two types of members in the plaintiff society viz. lifetime members whose membership fee is Rs.501/- and ordinary members whose membership fee is Rs.21/- and there are 111 members in the plaintiff Society in total. The plaintiff has alleged that except the defendant Nos. 3, 6 and 12 none of the other defendants are members in the plaintiff society. As per the instructions of the Registrar of Societies, the plaintiff society was asked to hold a meeting to form a new executive body and accordingly, notice was also issued to hold a general meeting on 12.09.2003. However, during the General Body meeting held on 12.09.2003, the defendants being accompanied by about 50/60 persons entered into the conference hall and started creating uproar as a result of which the President and the General Secretary as well as other members had to leave the venue. It has been also been alleged that the defendants with the help of such unruly persons hijacked the meeting on 12.09.2003 and got themselves elected as the office bearer of the plaintiff society in the absence of the genuine members of the society. Thereafter, the defendants had issued letter dated 15.11.2003 and 20.11.2003 asking the plaintiff to handover the charge and the accounts. The plaintiff has alleged that although the defendants had no power or authority to issue the aforementioned letters to the plaintiff society and notwithstanding the fact that the meeting held on 12.09.2003, where the defendants got themselves elected in the Executive Body of the plaintiff society, is completely illegal, yet, the said defendants are demanding the charge of the society as well as the accounts. The plaintiff has, therefore, instituted Title Suit No.278/2003 in the Court of Munsiff No.3, Kamrup, inter alia, praying for a decree declaring that the meeting dated 12.09.2003 as well as the resolutions adopted therein are null and void and inoperative in the eye of law; that the letters dated 15.11.2003 and 20.11.2003 are void, inoperative; for a decree of permanent injunction and for other consequential reliefs.

3. The defendants contested the suit by filing written statement wherein they have questioned the maintainability of the suit on the ground of want of cause of action; that the suit is bad for non-joinder of necessary parties; that the suit is not properly valued etc. In their written statement, the defendants while categorically denying that the tenure of the executive committee elected on 06.07.1997 was at all extended vide resolution adopted in the General Meeting dated 20.08.2000 have further stated that the meeting held on 12.09.2003 was a valid meeting which was convened by observing all the formalities. The said meeting was held in presence of the observer from the office of the Registrar of Societies and the new Executive Committee elected in th