LAWS(MAD)-2018-3-371

PADMANABHAN Vs. RAJENDRAN

Decided On March 14, 2018
PADMANABHAN Appellant
V/S
RAJENDRAN Respondents

JUDGEMENT

(1.) This appeal has been filed by the defendants in the suit in O.S.No.185 of 2007 on the file of the Additional District Munsif, Eraniel.

(2.) The suit in O.S.No.185 of 2007, was filed by the respondent / plaintiff for declaration that the removal of the respondent's name from the membership roll of the 'Natesar Alayama Illathar Samudayam' for the year 2004 and 2005 etc., is arbitrary, unauthorized and illegal and in violation of the principles of natural justice and to award a sum of Rs.50,000/- (Rupees fifty thousand only) as compensation for the damages caused to the respondent / plaintiff from all the defendants, who are responsible for the illegal removal of the plaintiff's name from the membership roll.

(3.) Of course, the defendants have raised several points and contested the suit. The trial Court partly decreed the suit by judgment and decree dated 23.04.2010, in O.S.No.185 of 2007. The decree in favour of the respondent herein is for a declaration that the removal of plaintiff's name from the membership roll is illegal. However, the trial Court though found that the respondent is entitled to claim damages, rejected the claim on the ground that the relief is barred by limitation. Aggrieved by the portion of the judgment and decree rejecting the claim for damages, the respondent has preferred an appeal in A.S.No.56 of 2010 on the file of the Subordinate Judge, Padmanabhapuram.