S.M. SURESH Vs. MOHANA FLAT OWNERS ASSN.

JUDGEMENT

(1.) The plaintiff in O.S.No.5235 of 2014 on the file of the XVI Assistant Judge, City Civil Court, Chennai has come forward with this Civil Revision petition challenging the order dtd. 1/10/2019 made in IA No.1 of 2019 in O.S.No.5235 of 2014.

(2.) The plaintiff has filed the suit in OS No. 5235 of 2014 praying for the following reliefs:

(3.) The sum and substance of the plaint averments is to the effect that the plaintiff has purchased one of the flats in Mohana apartments, No.96, Arcot Road, Virugambakkam, Chennai - 92 in the year 1995. According to the plaintiff, he is not residing in the flat due to his pre-occupation with his employee at Ahmedabad and therefore, he has authorized his brother through a general power of attorney, dtd. 17/8/1994, to deal with his property. On the strength of such power of attorney, his brother had let out the property for rent to a tenant. The main grievance of the plaintiff appears to be that his tenant was not permitted to park his car in the apartment complex. On the other hand, there are some owners who are permitted to park their car and there are some other owners who park more than one cars belonged to them within the apartment complex. Even though, the plaintiff is also one of the owners of flats, out of 112 flats, the defendant Association, without any reason, did not permit his tenant to park the car in the apartment complex. The defendant, which is a registered association, is seldom following the bylaws of the association. Few days prior to the institution of the suit, the tenant who was in occupation of the flat owned by the plaintiff, vacated it mainly due to the reason that he was not permitted to park his car in the apartment, with the result, the flat he has purchased is lying vacant. Further, the tenants who approached the plaintiff to let out his flat premises ultimately refused to take it for rent mainly due to the reason that the defendant association did not provide space for parking car for his tenant. It is in those circumstances, the plaintiff has come forward with the present suit.