GEETHA MATHEW Vs. S. PRAKASH

JUDGEMENT

(1.) The Plaintiff, in a Suit for Declaration and Recovery of Possession of the Suit property, having initially succeeded before the Trial Court and on Appeal having lost before the First Appellate Court, is the Appellant herein.

(2.) The parties are described as per their litigative status before the trial Court.

(3.) The Plaintiff, claiming to be the Founder Trustee of the Trust viz., Friends for the Needy (FN), stated that the Trust is a Registered Public Charitable Trust and the Suit property belonged to the Trust, having become entitled to the same by way of Gift from one Mr. Lalchand. According to the Plaintiff, the Trust is running a Centre for rehabilitation for mentally retarded persons. The Plaintiff also states that there was an Agreement of Sale by the original Owner of the property in favour of Two-third parties and the said Agreement-holders had divided the Suit property into two. However, the Plaintiff approached the Collector of Tiruvallur to get the Agreement holders evicted and in the meantime, the Defendant taking advantage of property being vacant on the front side, trespassed into the same. On coming to know that the Defendant had filed a Suit against one Ramesh and obtained an ex parte Order of Interim Injunction, the Plaintiff filed an Impleading Application, which was closed on 12/10/2004. As the Defendant did not vacate, the Suit has been instituted for Declaration and Recovery of Possession.