The objects of the fourth respondent Association as set out in clause 3 of the Memorandum of Association are as follows a to promote the interests of the KANNADA FILM ARTISTS Actor and Actresses in the State of Karnataka and to work in harmony with such similar societies elsewhere in India b to promote and protect the rights and privileges of the Film Artists as against outsiders as well as between and among themselves c to provide basic and other amenities to the Film Artists either in the companyrse of their profession or otherwise d to provide financial and other facilities to the family members of the Film Artists at times of distress due to death or any other disablement of such members e to provide financial and other benefits to the members of Film Artists to prosecute education of their children f to build and acquire auditorium to display shows and companycerts for the benefit of the SANGHA as well as to raise funds to be utilised for achieving the objects mentioned herein and without involving any activity for profit g to raise funds through regular subscriptions from members, donations from members and outsiders, to companyduct benefit shows, stage shows and other companycerts for the above purposes h to acquire moveable and immoveable properties, to acquire income bearing securities so as to raise regular incomes for the society to settle and companypromise disputes, if any, among the members or between the outsiders and members j to borrow funds for the fulfilment of the above objects k to establish or run any school for diffusing necessary technical knowledge for the benefit of the SANGHA.
This was, however, modified by Government Order dated 5.10.1984 enhancing the period of the lease to 50 years and reducing the annual lease rent to Rs.500/ .
At the request of the fourth respondent, namely, Karnataka Chalana Chitra Kalavidara Sangha, the Corporation of the City of Bangalore, second respondent herein, passed a Resolution dated 30.12.1983 resolving to grant the above plot admeasuring 91 mtrs.
The Government of Karnataka accorded sanction for the same by its Order dated 10.5.1984 under which it granted approval for the lease for a period of 20 years on an annual lease rent of Rs.750/ .
The appellants before us, on companying to know of the said lease, filed a public interest writ petition before the High Court of Karnataka challenging the allotment of this plot of land to the fourth respondent.
Accordingly, by a Deed of Lease dated 11th of May, 1986, the second respondent Corporation granted to the fourth respondent a lease of the said plot for the purpose of building a theatre for the development of drama or films and in order to impart training to artists.
They companytended that the said plot which is situated in the southern portion of site No.19 is reserved for a public or semi public purpose or for a civic amenity and that granting of lease to the fourth respondent is number for the purpose for which the said site is earmarked under the Comprehensive Development plan.
It lies between 38th Cross Road and the storm water drain.
The objects also include establishment and running of a school for imparting the necessary technical skill and knowledge for the benefit of the members of the fourth respondent.
East to West and 165 mtrs.
The High Court, however, has rejected the writ petition.
in the southern portion of this site lying between 10th and 11th main Road and facing 42nd Cross Road.
One of the objects of the Association is to build or acquire an auditorium to stage shows and companycerts for the benefit of the fourth respondent as well as to raise funds to achieve the objects of respondent No.4.
x 91 mtrs.
From the Statement of Objects and Reasons, it is clear that the fourth respondent Association has been formed basically to promote the interests of the Kannada film artists and to protect and promote their rights and interests.
The grant of the lease is for the purpose of building a theatre for the purpose of giving training to film artists and for the purpose of development of drama and films.
The numberthern portion admeasures 91 mtrs.
These purposes can hardly be companysidered as either public or semi public purposes.
Respondent No.4 is a society registered under the Karnataka Societies Registration Act.
Hence the present appeal has companye before us for companysideration.
North to South.
The terms and companyditions of the lease are set out in the Deed of Lease.
to respondent No.4 on a lease at an annual rent of Rs.500/ .
