( 1 ) WE have heard Sri Ashok Khare, senior advocate assisted by Sri J. P. Singh for the appellant, dr. R. G. Padia, senior advocate assisted by Sri R. N. Yadav for respondent Nos. 3 and 4 and Sri anil Tiwari for respondent Nos. 1 and 2.

( 2 ) BY this special appeal, appellant has prayed for quashing the judgment dated 27th November, 2002 passed by learned single Judge in Writ Petition No. 45067 of 2002 filed by respondent Nos. 3 and 4.

( 3 ) BRIEF facts giving rise to this special appeal are ; Sri Durgaji Post Graduate College, chandeshwar, Azamgarh is a college affiliated to Veer Bahadur Singh Purvanchal University, jaunpur. Late Sri Chandrabali Shastri Brahmchari executed a registered trust deed on 5th december, 1962, creating a Trust to run and manage Durgaji Post Graduate College. A Society was also registered on 30th September, 1964 under Societies Registration Act, 1860. On 16th september, 1997, trust deed was amended and a Will deed in favour of one Sri Phool Chandra singh was executed by Sri Chandrabali Shastri Brahmchari. Sri Phool Chandra Singh was to be manager of the Trust and institution. On 12th October, 1999, an election of the Committee of managem