Summary
An unauthorised exchange diverting gifted school land into the Principal’s private ownership was held collusive and illegal. The appellate courts had overlooked the donor’s alternative claim to preserve the school’s ownership while focusing only on her unsuccessful personal possession claim. No duly proved society resolution authorised the exchange, and the school remained on the same site while being made a rent-paying lessee. The exchange and revenue entries were set aside and the school’s name restored.
Issues
- Whether the donor’s alternative claim protecting the school’s ownership had been wrongly overlooked.
- Whether the Principal and President validly exchanged the gifted school property.
Held
- Although the gift vested title in the school and did not support the donor’s personal possession claim, the plaint separately sought a declaration of the school’s ownership and invalidation of the exchange. The trial court correctly granted that alternative relief. (¶¶ 3.6–3.9, 4.1)
- The alleged exchange lacked duly established society authority and transferred valuable school property to its Principal in breach of trust. An unproved resolution offered for the first time in the Supreme Court was not admitted. (¶¶ 3.11, 4.2)
- The proposed educational benefit in the remote village was a camouflage: the school had not moved in 31 years and instead became a lessee of its own former property, paying the Principal and later his heirs. (¶ 4.3)
- The exchange and consequent revenue entries could not stand; the school’s ownership entries had to be restored. (¶ 5)
Result
Appeals allowed. Purported 1988 exchange and corresponding Jamabandi entries quashed; revenue authorities to restore Doaba Public School as owner. Respondents to pay appellants Rs.1 lakh costs within twelve weeks and report compliance to the Supreme Court.