MADRAS JOURNALISTS Vs. P. RANGARAJAN

JUDGEMENT

(1.) The Civil Revision Petition is filed to set aside the fair and decreetal order dtd. 17/3/2016 made in I.A.No.9207 of 2015 in O.S.No.2446 of 2015 on the file of the learned VI Assistant Judge, City Civil Court, Chennai, thereby dismissing the petition filed by the petitioner to reject the plaint.

(2.) Mr.P.Anbarasan, the learned counsel for the petitioner in the Civil Revision Petition submitted that the deceased first respondent is the plaintiff and the petitioner is the third defendant. The deceased first respondent filed suit in O.S.No.2446 of 2015, for declaration declaring that the letters issued by the petitioner dtd. 7/4/2015, thereby cancelled the allotment of the house bearing No.111, Journalist Colony, Thiruvanmiyur, as null and void and other reliefs. While pending the suit, the petitioner filed petition for rejection of plaint on the ground that the suit itself is barred by law.

(3.) Per contra, Mr.S.Parthasarathy, learned Senior Counsel appearing for the respondents submitted that the deceased first respondent is the journalist and the Government of Tamilnadu has extended the cash benefits to the journalists. The petitioner Society was formed for the purpose of allotment of land to the allottees. Accordingly, he had paid amount towards cost of the land and the petitioner Society was formed for operation of the said scheme. The members of the Society approached Indian Bank for loan to build houses for journalists. The petitioner Society never paid other amount either towards cost of the land or towards cost of the building. The deceased first respondent was allotted plot No.111 in Thiruvanmiyur Housing Scheme. Thereafter, construction was completed and the possession was handed over to him. The house property has been assessed for property tax and he is regularly paying the property tax. He is liable to pay outstanding loan amount to the bank and 1% of the loan amount as commission to the petitioner Society for the service rendered by the petitioner Society.