JAMES
MAHADEO PRASAD – Appellant
Versus
KAMALA VARMA – Respondent
( 1 ) THESE applications for setting aside an arbitration award have arisen in circumstances which require to be described in some detail.
( 2 ) THE Kayastha Pathshala, Prayag (Allahabad), is an old charitable and educational institution registered under Act 21 of 1860, and its affairs are governed by its registered Rules entitled
"the rules of the Governing Council of Trustees" (herinafter referred to as the Rules ). All properties held by and in the name of the Kayastha Pathshala" vest in the Governing Council, According to the Rules, ten classes of persons belonging to the, Kayastha Community are eligible for membership of the Council. The most important of these for described in Clause (1) of Rule 7 of the Rules and may for the sake of convenience be termed "donor -- trustees, and conditions have been laid down which a person must fulfil before he can be enrolled as a donor -- trustee. The Governing Council is headed by a President who is invested with wide powers in managing the affairs of the Kayastha Pathshala and its properties. He must be a donor-trustee ordinarily residing at Allahabad and must be a person of ability, good reputation and substance. He is elected
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