(Elipe Dharma Rao, J.)

The Agri Horticultural Society was formed over 170 years back and according to the said respondent/Society, the objects of the Society are:

"(1) promotion of Agriculture, Arboriculture, Horticulture and Floriculture, including the introduction and propagation of new and useful plants to extend and improve the commercial resources of India,

(2) to maintain a Herbarium

(3) to assist members in developing their gardens/plants, manures etc.

(4) to holdcompetitions,

(5) to conduct annual flower show

(6) to conduct film shows etc.

(7) to conduct Seminars to promote the objects of the Society,

(8) and to undertake all other things not repugnant to the objects and rules."

2. The said Society consists of resident, non-resident, life members, honorary and extraordinary members and the subscribing members shall consist of four classes, namely life, A, B and C and according to the respondent/Society, as on date, they are having 1500 members, including life members. The Governor of Tamil Nadu is the patron of the Society and the Management of the Society is vested in a Committee consisting of 20 members, Chairman, Honorary Secretary and Honorary Treasurer and Mr. V. Krishnamurthy, one of the respondents herein is the Honorary Secretary of the Society.

3. It is seen from the materials placed on record that the Government, in 1836, purchased lands in Mylapore village, Triplicane-Mylapore Taluk, Madras District, measuring an extent of C.6-18-1673 sq.ft. in O.S.No.3410 (now part of R.S.No.13) and an extent of C.4-22-226 sq.ft. in O.S.Nos.3406 (part), 3407, 3408, 3409 and 3413 (now part of R.S.No.13 and R.S.No.64), Mylapore village, Madras District was acquired by the Government and placed at the disposal of the respondent Agri Horticultural Society, for the specific purpose of maintaining an Agri-Horticulture garden. In the year 1912, another extent of C1-11-1823 sq.ft. in O.S.No.3415 part was acquired by the Government and leased in favour of the above Society on annual rent, with provision for resumption. A specific lease deed was also executed. However, owing to non-fulfillment of the condition of grant by the Society, the Government by their order in G.O.Ms.No.1362, Revenue, dated 26.3.1962 has ordered resumption of the land placed at the disposal of the Agri Horticultural Society. Challenging the said order of resumption, the Society filed W.P.No.469 of 1962. While so, in the year 1964, a compromise was entered into between the Society represented by the Secretary and the then Government of Madras, represented by the Secretary, Revenue Department and the same was communicated in G.O.Ms.No.2572, dated 26.10.1964. Thereupon, the Society has withdrawn the Writ Petition No.469 of 1962.

4. It is also seen that the Government, by a Memorandum bearing No.77668/L1/71-41, dated 25.5.1977, issued a notice to the Society, stating that there is violation of conditions of grant inasmuch as the Society has not obtained prior approval of the Government for subletting the lands in favour of the Woodlands Drive-in Restaurant. It was also stated that the sub-lease of the lands by the Society in favour of the Woodlands Hotel came to an end on 31.7.1971, but the Society permitted the Woodlands Hotel to continue to remain in the property, without the Government recognising the sub-lease. After detailed discussion with the office bearers of the Society, the Government has arrived at certain conclusions and issued G.O.Ms.N.513, dated 4.3.1980. Pursuant to the said G.O., the Society had entered into an agreement on 28.4.1980. It is relevant to extract the said agreement entered into by the Society with the Government, which reads as follows:

"(1) THE SOCIETY hereby accepts unconditionally the title of Government to the said lands.

(2) The Government hereby resume the said lands.

(3) The Government hereby make a regrant and place the said lands at the disposal of the Society on and from the date of Government order making