JUDGMENT :

Deepak Gupta, J.

By means of this petition, the petitioner has challenged the order dated 27th September, 2008 passed by respondent No.2 and further prayed that respondent No.2 be directed to hand over the possession of the management of the school to the petitioner-Society.

2. The petitioner-society was registered under the Societies Registration Act, 1860. It is alleged that Shri Kartar Singh Saini was the founder Chairman of the said society. The society allegedly started a school under the name and style of Mount Shivalik Public High School, which is affiliated to the Himachal Pradesh Board of School Education. On 21st May, 2004 an agreement was entered into between Mount Shivalik Public School, Una through its Manager and Sanskrit Kalyan Mahan Vidyalya, Una whereby the Manager of the school agreed to merge the assets with those of Sanskrit Kalyan Mahan Vidyalya and further permitted the said Sanskrit Kalyan Mahan Vidyalya to run the school. This agreement was signed on behalf of respondent No.2 by Shri Hari Kishan.

3. On 17.4.2007 one Shri Satyabhushan Shastri, Founder Chairman of a body known as Kalyan Mount Shivalik Public School filed a complaint against the petition