Hemant Gupta, J.

1. This order shall dispose of RSANos. 1913 and 1914 of 2009. However, for facility of reference, facts are taken from RSA No. 1913 of 2009.

2. The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, holding that the present suit filed by the plaintiff is not maintainable in terms of Section 92 of the Code of Civil Procedure. One Thakar Dass, alleging himself to be the President of Rewari Branch of Parm Hans Swami Uma Bharti Mission, filed the present suit for declaration challenging sale deed dated 11.1.1991; 7.8.1991 and 15.12.1992 in respect of the land belonging to Swami Uma Bharti Public School Jhajjar Road, Rewari. Since the first Appellate Court has dismissed the suit for the reason that the same is not maintainable as the requirements of Section 92 of the Code of Civil Procedure are not complied with, the other facts are not necessary to be mentioned at this stage. The plaintiff claims to have been authorised to initiate legal proceedings vide resolution dated 24.3.1995. The learned trial Court, while discussing the locus-standi of the plaintiff recorded a finding that Shri K.D. Attri and Bhim Sain were not the members of the Executive Committee at the time of institution of the present suit in view of the order dated 15.9.1990. It was further held that at the time of filing of the present suit, both Thakar Dass, the original plaintiff and sub-sequently Bhim Sain, the successor of Thakar Dass, were not authorised by the Executive Committee of the Mission to file suit, The learned trial Court held that since the mission is being run at the whims and caprices of the founder, therefore, the plaintiff can very much challenge the act of the founder. The relevant finding recorded by the learned trial Court reads as under :-

"Though in the year 1988-89 Shri Bhim Sain and Shri K.D. Attri had resigned from their post but they were again appointed as President and General Secretary on 27.7.1990 vide Resolution Ex. P5 passed by the Founder in exercise of her unlimited powers vested in her in pursuance of Memorandum of Associations of the Mission. So at the time of institution of the present suit by way of order dated 15.9.1990 Shri K.D. Attri and Bhim Sain were not the members of Executive Committee, though they had been running their parallel Executive Committee as is also clear from the proceedings of the meeting dated 6.4.1999 produced on record as Ex. D.2. In such circumstances, though at the time of filing of the present suit both Thakar Dass and subsequently Bhim Sain were not authorised by the Executive Committee of the Mission which was being run at whims and caprices of the Founder (Emphasis Supplied). Plaintiff can very much validly challenge such acts of Founder her self who was making the Mission hollow from within. In such circumstances Thakar Dass and Bhim Sain who were associated, with the Mission since its inception and had interest in smooth function of the Mission and had started complaining of against the founder alongwith other members also, which had resulted into institution of a criminal proceedings under Section 420 of IPC though later on same was quashed for the time being by the order of the Honble High Court produced on record as Ex. DX/3. had very locus standi to file the present suit. It has also been brought on record that a Special Leave Petition in the Honble Apex Court has also been filed against he Order Ex.DZ/3, which is evident from PW.34 and 35.

42. In these circumstances wherein Founder and her associates themselves were misusing the property of the Mission of their own personal use, who would be entitled to sue or would come to the Court to redress the wrong done by the persons who themselves hold the power. Admittedly for non-joining of the Mission as a party to the suit, there is a technical flaw in the present case as Thakar Dass and subsequently Bhim Sain in their personal capacity cannot be held to