Judgment & Order

This appeal is preferred challenging the judgment and decree dated 17.08.2022 and 22.08.2022 respectively, passed by Learned District Judge, Unakoti District, Kailashahar in T.A. 02 of 2020. By the said judgment, the Learned District Judge upheld the judgment and decree of the Learned Trial Court.

02. Barman assisted by Mr. Samarjit Bhattacharjee, Learned Counsel for the appellant and also heard Mr. H. Laskar,

Learned Counsel for the respondent-defendant.

03. us discuss the subject matter of the dispute cropped up amongst the parties for which the suit was preferred by the appellant-plaintiffs before the Learned Trial Court. The short campus of the case of the appellant- plaintiffs before the Learned Trial Court was that one ‘Nivedita Children School’ has been running by the School Management Committee of the appellant-plaintiffs and the plaintiffs No.1 and 2 are the President and Secretary of the SMC of the said school and one Gouri Shankar Majumder, the then president of that school used to maintain the custody of materials of the school and he also used to maintain the management of the school. But on his death, a meeting was held on 26.12.2017 and in the said meeting temporary responsibility was given to the defendants for the custody of the material and for management and running of the school with a condition to return the custody of the material and management of the school by 31.03.2018 to the plaintiffs, SMC, but on demand by the plaintiffs SMC on 31.03.2018, 21.05.2019 and 10.09.2019 the respondent- defendants failed to return the same and started to deny and avoid the running and activities of plaintiffs SMC. Hence, the appellant-plaintiffs filed the suit before the Court of Learned Civil Judge, Senior Division, which was numbered as T.S.02

of 2019.

04. suit by filing written statement denying the plea of the appellant-plaintiffs and pleaded that the appellant-plaintiffs No.1 and 2 falsely claimed themselves as the Secretary and President of SMC of Nivedita Children School and the plaintiffs have no right to file the suit as they were not the Secretary and President and also the appellant-plaintiffs had no right to represent the SMC. Further, it was also denied that, on 26.12.2017 a meeting was held of SMC on the death of Gouri Shankar Majumder and temporary arrangement was made and defendants were entrusted with the duty and responsibility for temporary period as claimed by the appellant-plaintiffs. Rather, the respondent-defendants pleaded that in the year 2012, a new School Managing Committee was formed and one Gouri Shankar Majumder was appointed President and Pradip Chanda, i.e. the appellant-plaintiff No.2 became the Secretary but the said committee was not formed as per Right To Education Act, 2009 and as cashier Ranu Singha resigned, in his place one Sudipta Sinha became cashier and Pradip Chanda, the Secretary used to come regularly for collection of cash money from the school and the account of the school was maintained properly. But in the year 2014, President Gouri Shankar Majumder expelled the Cashier and Secretary and Gouri Shankar Majumder himself took the responsibility of Secretary and Cashier of the school and on 23.12.2017 said Gouri Shankar Majumder died and as per decision of the guardian, Teacher’s Council and well wishers, the teachers of the school took the responsibility of admission of the students and accepting the tuition fees etc. and the defendant No.1 was appointed administrator of the school w.e.f. 16.01.2017 and as per deputation of the guardian and parents of the students, a resolution was taken in the meeting held under the President-ship of the administrator, i.e. the respondent-defendant No.1 and thereafter under RTE Act 2009 on 07.08.2018 a general meeting was held with the guardian of the students, members of the Teacher’s Council, well-wishers and the people’s representatives and an SMC was formed and one Paban Paul (guardian of a student) was appointed chairpers