MANIAKARAMPALAYAM INDUSTRIAL WORKERS Vs. SUDHA INDIRAJ

JUDGEMENT

(1.) The 1st and 3rd defendants who had suffered a decree before the trial court and lost the appeal before the first appellate court are the appellants in S.A.No.455 of 2019 and S.A.No.454 of 2019 respectively. The suit has been filed by the 1st respondent/plaintiff for a decree (i) declaring that the alienations dated 11.04.2001 and 23.02.2004 are void and not binding on the plaintiff; and (ii) directing the 1st defendant to comply with the terms of the letter of allotment dated 18.05.2001 and execute a deed of conveyance. The learned I Addl. District Munsif, by judgement dated 07.01.2008, had decreed the suit as prayed for. Aggrieved by the same, the 3rd defendant had preferred an appeal in A.S.No.46 of 2008 and the 1st defendant had preferred an appeal in A.S.No.75 of 2008 and the first appellate court, by a common judgement and decree dated 30.10.2013, has dismissed the appeal thereby confirming the judgement and decree of the trial court. Feeling aggrieved by the said common judgement and decree, the defendants 1 and 3 are before this court with the present second appeals.

(2.) For the sake of convenience, the parties in this judgement will hereinafter be referred to as per their array before the trial court.

(3.) The case of the plaintiff in brief is that the 1st defendant cooperative society had developed a layout at Vilankurichi Village in Coimbatore Village called "Elite Avenue". The plaintiff is a member of the society. She had paid a sum of Rs.11,035/- towards house site allotment fees to the 1st defendant society. The 1st defendant society had accordingly allotted a house site bearing Plot No.29 of Elite Avenue having an area of 2400 square feet to the plaintiff and by communication dated 18.05.2001 , the plaintiff was directed to pay a further sum of Rs.75,920/- towards cost of the land. The 1st defendant had collected a total sum of Rs.1,31,035/- from the plaintiff in the name of Elite Elaborators which is a construction company promoted by the Directors of the 1st defendant society. The plaintiff had paid the above said amount by way of cash and cheque. According to the plaintiff, out of total sum of Rs.1,31,035/-, she had paid a sum of Rs.1,00,000/- by way of cheque bearing No.058441 dated 10.09.2001 drawn on Lakshmi Vilas Bank, Ganapathy Branch and the balance was paid by cash. Since the entire amount had been paid, the 1st defendant society was bound to execute the deed of conveyance in favour of plaintiff. The plaintiff was not communicated any order of cancellation of allotment. While so, though the entire amount was collected from the plaintiff, without cancelling the earlier order of allotment of house site in favour of the plaintiff, the 1st defendant society had executed a deed of conveyance in faovur of the 2nd defendant on 07.11.2001 , who, in turn, transferred the property in favour of the 3rd defendant by way of a registered sale deed on 23.02.2004. Hence, this suit.