SHEVAROYS PLANTERS ASSOCIATION Vs. MOHAN RAJES

JUDGEMENT

(1.) The 1st defendant in O.S.No.165 of 2004, on the file of the learned Principal District Munsif, Salem, is the appellant herein. Before the said Court, the respondent herein filed the above referred suit, as against the appellant, seeking the relief of declaration, declaring that the expulsion of the plaintiff from the Shevaroys Planters Association and the decision of the 1st defendant Association dated 15.10.1994, expelling the plaintiff is illegal, void, malafide and ultra vires of the Rules. Also he prayed the relief of mandatory injunction directing the 1st defendant Association to permit the plaintiff to continue as a member of the defendant Association and to enable him to continue to utilize all the rights and privileges attached to the said membership and for Costs.

(2.) By judgment and decree dated 21.07.2006, the learned Principal District Munsif, Salem, had dismissed the suit with entirety.

(3.) Aggrieved over the said findings, the plaintiff preferred an appeal, in AS No.162 of 2006 on the file of the learned Additional Subordinate Judge, Salem. By judgment and decree dated 26.03.2007, the learned Additional Subordinate Judge, Salem, had allowed the appeal filed by the plaintiff and granted the decree, as prayed for in O.S.No.165 of 2004. Feeling aggrieved over the judgment and decree dated 26.03.2007, the 1st defendant in the suit, preferred this second appeal.