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1977 DIGILAW 644 (MP)

Arya Samaj Satna v. Dashrath Singh

1977-12-09

R.K.TANKHA

body1977
Short Note : 1. The plaintiff had filed the suit against the defendant for his eviction from the suit land. The trial Court had decreed the suit but in appeal the lower appellate Court had reversed the judgment. 2. The point that concludes the matter is that the present suit has been filed by an unregistered society and, therefore it is not maintainable. It was not disputed that Arya Samaj, Satna is not a registered society under the Societies Registration Act, 1959. The suit has been filed in the name of Arya Samaj, Satna, through the President, Arya Samaj, Satna. Shri Tirathram Nagrath S/o Shri Uttamchand. Arya Samaj being not a juridical person it could neither sue nor be sued in that name, G.I.P. Railway Senior Institute, Agni and Another vs. Mohit Kumar Barar, 1953 NLI 486, Narayanan vs. Kurichithnam Educational Society, AIR 1959 Kerala 379, Relied on. Appeal dismissed.