SIVAGANGAI PAIYUR PILLAIVAYAL PRIMARY CO-OP BANK Vs. KANNAMMAL W/O DHARMARAJ; DEPUTY REGISTRAR, COOPERATIVE AND SIVAGANGAI PAIYUR PILLAIVAYAL PRIMARY CO-OPERATIVE BANK THROUGH ITS PRESIDENT

JUDGEMENT

(1.) In this second appeal, challenge is made to the judgment and decree, dated 16.04.1996, of the Principal District Judge, Sivagangai, made in A.S. No. 93/1995, whereby the judgment of the trial court in O.S. No. 176/1989, dismissing the suit, was reversed and a decree was granted in favour of the plaintiff. The 2nd defendant in the suit is the appellant.

(2.) The short facts which led the 1st respondent/plaintiff to file the suit for the reliefs of declaration and consequential permanent injunction can be stated thus.

(3.) The second respondent, who is the Special Officer of the said Primary Co-operative Bank, filed a written statement stating that the property did not belong neither to the plaintiff's mother nor it was gifted to the plaintiff at the time of her marriage, but the property belonged to one Dharmaraj, the husband of the plaintiff; that originally the suit property belonged to the father of the said Dharmaraj and Dharmaraj put-up a house in the suit property and therefore the alleged claim by the plaintiff is false. Added further, the plaintiff's husband was working in the second defendant Co-operative Bank in the year 1988 and one day, he, without handing over the cash and other accounts, locked the bank and went away and when the bank was opened in the presence of higher officials and accounts were checked, it was found that he misappropriated a sum of Rs. 14,365/- and further goods worth Rs. 4578.32 were found missing. It is further stated, proceedings were initiated against the said Dharmaraj to recover the above amounts and action was taken to bring the suit property for sale, as he was the owner of the property and therefore the prayer of the plaintiff was to be dismissed.