CHRISTIAN MISSION SERVICE Vs. KODAIKANAL LADIES CLUB

JUDGEMENT

(1.) THE first defendant is the appellant. Plaintiffs filed a suit for a direction to the defendants to deliver vacant possession of the house, ground and premises bearing Survey No. 78/C3 in Kanoor Road, Kodaikanal and to pay a sum of Rs. 27,000/- as damages and future damages at the rate of Rs. 750/- per month. THE suit was decreed and the appeal is against this judgment and decree.

(2.) THE plaintiffs are " (i) THE Kodaikanal Ladies Club and (ii) THE Association of All India Women's Conference, New Delhi. According to them, the first plaintiff is a society registered under the Central Act namely the Societies Registration Act, 1860 as Society No. 1 of 1934-1935 and the second plaintiff is the Association of All India Women's Conference, a registered society. THEy further state that after the passing of the Tamil Nadu Societies Registration Act 1975, the first plaintiff was registered under the said Act as Society No. 67 of 1982. THE plaintiffs contend that the suit property was purchased by the first plaintiff by a registered sale deed dated 2.7.1937 and after putting up a building therein, they have been in possession and enjoyment of the same. THE second plaintiff was instrumental in obtaining the medical van and donation from the Central Social Welfare Board to attend to one of their activities namely to provide free medical aid to the villagers. THE first plaintiff constituted a committee from among its members to run the medical aid unit known as SKIPPO Roadside Hospital Committee (hereinafter referred to as the SKIPPO). THE SKIPPO, through the committee members, have given possession of the suit property to the appellant herein, the first defendant in the suit, without the knowledge, concurrence or consent of the first plaintiff for running an orphanage by an agreement dated 12.5.1975 on an yearly payment of Rs. 1/-. THE appellant, by virtue of its possession of the suit property, has been running an orphanage in the premises. After coming to know of this, the plaintiffs have requested the appellant to deliver vacant possession to the first plaintiff, and on his failure to do so, the above suit came to be filed.

(3.) AT the outset, it has to be stated that on the pleadings, we find that the first plaintiff is Kodaikanal Ladies Club represented by its Vice President and in paragraph 1, it is stated that it is a club registered under the Society Registration Act, 1860 as No. 1 of 1934-1935. It is further stated that the first plaintiff has purchased the suit property by a sale deed dated 2.7.1937. In paragraph 3, it is stated that after the passing of the Tamil Nadu Societies Registration Act 1975, the first plaintiff was registered under the said Act as Society No. 67 of 1982. In other words, the case of the plaintiffs is that the Kodaikanal Ladies Club registered as No. 1 of 1934-1935 is the same as the Kodaikanal Ladies Club No. 67 of 1982. As per Section 14 of the Tamil Nadu Societies Registration Act 1975, every registered society shall maintain a register containing the names, addresses and occupation of its members and shall be open to inspection by any member. Section 15 of the Act contemplates a committee to manage the affairs of the society. Section 26 requires the conduct of the Annual General Body Meeting. Section 44 provides for removal of a defunct society if the society is not carrying on the business or in operation and if there is to be amalgamation, it has to be done as per Section 30 of the Act with the prior approval of the Registrar. Section 4 provides for compulsory registration and Sub-section (2) speaks of a society which has already been registered under the Central Act.