Indian Kanoon - Search engine for Indian Law

1. The judgment in this appeal shall also govern the judgment in first appeal No. 56 of 1953.

2. The facts of the case relevant for the purpose of the appeals may shortly be stated as follows.

3. The plaintiff-appellant, Radhasoami Sat-sang Sabha, Dayalbagh, Agra, filed a suit against the defendant-respondent, Hanskumar, for the realisation of Rs. 21,949/1/6/-, which was the balance due on a mortgage dated 21st October, 1939 executed by the defendant Hanskumar in favour of the plaintiff Sabha, by sale of the mortgage security. The claim on the mortgage was negatived, though the suit was decreed by passing a money decree in the sum of Rs. 16,612/9/- only with future interest at 4 per cent per annum from the date o£ the decree till realization in favour of the plaintiff Sabha. Both the sides have appealed against the said judgment and decree. The plaintiff's appeal is first appeal No. 105 of 1953, while the defendant's appeal is first appeal No. 56 of 1953.

4. The suit of the plaintiff was based on the following allegations. The defendant, Hanskiimar, had executed a registered mortgage on 21st October, 1939 in favour of the plaintiff, Radhasoami Satsangh Sabha, which is a society registered under the Societies Registration. Act (XXI of 1860) for a sum of Rs. 30,607/8/-. The rate of interest agreed to be paid on the loan was 5 per cent per annum compound with six-monthly rests. The loan was repayable in three years and the property, which was the subject-matter of the mortgage was :

10. For its conclusion that the advancing of a loan and the taking of a mortgage were ultra vires the plaintiffs memorandum of association the trial Court has relied on Clause 2 of the said memorandum. That clause provides as follows :

"2 The objects of the Sabha are : --

Objects

(a) To regulate the conduct of the followers of the Radhasoami Faith, and to establish, run and subsidise religious, educational and industrial institutions with a view to advance the cause of religious, mental, moral and technical education among the followers of the Radhasoami Faith, solely with the object of doing public good and not for purposes of profit;

(b) To collect, preserve and administer the properties, movable and immovable, that have been or may hereafter be dedicated to Radhasoami Dayal or that may be acquired for or presented to the Radhasoami Satsang Sabha and to deal with and apply the same to the furtherance of the religious and charitable objects of the Sabha;

Note; Applications regarding dedication of properties of all description to Radhasoami Dayal may be presented in Form A,

(c) To do the above and all such other things as are incidental or conducive to the attainment of the above objects, provided that the mandates, if any, of the Sant Sat-Guru of the time, who is recognised as the Representative of the Supreme Creator Radhasoami Dayal, shall be paramount and absolute in all matters relating to the furtherance of the religious and charitable objects specified above."