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1971 Supreme(All) 326

S. N. KATJU
Gaindan Lal Misra – Appellant
Versus
Misri Lal Misra – Respondent


Advocates appeared:
Deoki Nandan, Advocate, for the Applicant; R.C. Ghatak and Virendra Singh, Advocates, For the Respondent

JUDGMENT

S.N. Katju, J. - It is only the right of the management in the affairs of the school which is involved in the suit in revision. I do not agree with the view of the court below that the value of the suit for purposes of jurisdiction has to be calculated on the basis of the value of the school properties. The subject matter of the suit is incapable of valuation and therefore the value put by the plaintiff is correct. It must be held that the court has jurisdiction to try the suit. A manager of a school cannot be said to have any beneficial interest in the properties of the school.

2. The opposite parties relied on an observation made in V. C. S. Shamli v. Lakshmi Narain, 1969 A.L.J. 248. The aforesaid case related to the powers and duties of a principal of an educational institution. It was observed that "the effective possession of the property and control of funds was really vested in the secretary manager and through him ultimately in the managing body of the society which ran the college." The Manager is an office bearer elected by the Managing Committee for looking after the affairs of the institution. It cannot be said that he has a personal interest in the properties o

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