JUDGMENT

N.U. Beg, J. - This is a special, appeal arising out of a petition preferred by Sri Durga Gita Vidyalaya Association, which is a society registered under the Societies Registration Act (Act No. XXI of 1860). Besides other educational institutions the appellant runs and maintains a school known as Sri Durga Gita Vidyalaya Higher Secondary School, Lucknow. Sri Ram Singh Kotwal is the Secretary and Manager of the said School. Dr. Shyam Lal Pandey was appointed as the Principal of the school under an agreement entered into between the Managing Committee of the school and the said Principal. This agreement is dated the 13th January 1952, and is Annexure 2 in this case. Under Clause 7 of the agreement the Managing Committee had the power to dismiss the Principal in case the latter was found guilty of insubordination, deliberate neglect of duty or any other serious misconduct. Under Clause 10 of the agreement the Managing Committee had also the power to terminate the agreement with the approval of the Inspector of Schools.

In the year 1958 the Principal's conduct was considered to be unsatisfactory by the Managing Committee. Accordingly Sri R. S. Kotwal, the Manager and Secretary o