RANDHIR KAUR (DECEASED) THROUGH HER LRS. versus BALWINDER KAUR & ORS.

RANDHIR KAUR (DECEASED) THROUGH HER LRS. versus BALWINDER KAUR & ORS.

The purported exchange dated 01.08.1988 and agreement dated 25.08.1988 between the Principal and the President was collusive and illegal because no resolution of the Doaba Education Society authorized the exchange of property vested in the School pursuant to the Gift Deed; consequently the mutations (jamabandis) reflecting the exchange are quashed and set aside and the revenue records are to be restored in the name of the Doaba Public School.

Parties
Appellant: Randhir Kaur (Deceased) through her LRs.; Respondent: Balwinder Kaur; Respondent: Doaba Public School, Garhshankar
Jurisdiction
India
Judgment Date
06 May 2019
Procedural Posture
Civil Appeal / Appeal From the Punjab and Haryana High Court to the Supreme Court (final Hearing)
Outcome
Appeals allowed
Legal Topics
Exchange of Property, Mutation/jamabandi, Lease, Authority of Managing Society, Collusive Transaction
Transfer of Property Gift Revenue Mutation Trust/charitable Purpose Education Exchange of Property Mutation/jamabandi Lease +2 more

Case Brief

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Parties

Randhir Kaur (Deceased) through her LRs.

Appellant

Balwinder Kaur

Respondent

Doaba Public School, Garhshankar

Respondent

Procedural Posture

Civil Appeal / Appeal From the Punjab and Haryana High Court to the Supreme Court (final Hearing)

Legal Issues

  1. 1 Whether the purported exchange of the School's land to the Principal was valid
  2. 2 Whether absence of a resolution of the managing Education Society rendered the exchange/ mutation void
  3. 3 Whether the donor (plaintiff) had locus standi to challenge the mutation after executing the registered Gift Deed

Ratio Decidendi

The purported exchange dated 01.08.1988 and agreement dated 25.08.1988 between the Principal and the President was collusive and illegal because no resolution of the Doaba Education Society authorized the exchange of property vested in the School pursuant to the Gift Deed; consequently the mutations (jamabandis) reflecting the exchange are quashed and set aside and the revenue records are to be restored in the name of the Doaba Public School.

Court Disposition

Appeals allowed

Orders

  • The purported exchange dated 01.08.1988 and 25.08.1988 is quashed and set aside
  • The jamabandis/mutations reflecting the exchange are quashed and set aside and revenue records shall be restored in the name of Doaba Public School, Garhshankar, Village Parowal, District Hoshiarpur, Punjab