D RAVI Vs. S VELLATHAN

JUDGEMENT

(1.) THE first respondent/plaintiff filed a suit in O.S.No.25 of 1984 on the file of the Second Additional Subordinate Judge, Pondicherry, to pass a decree declaring that the plaintiff is the absolute owner of the immovable properties in the school premises and has absolute right in the administration of the school and in the school premises by name King Solomon English School at Kadirkaman, and for permanent injunction restraining the defendants 1 to 3 and their henchmen from interfering with the administration of King Solomon English Medium School at the schedule mentioned premises and for costs.

(2.) IT is the case of the plaintiff that the said school was organised in the year 1981. On 1.7.1981, the defendants 1 and 4 and one Chandrasekaran entered into an agreement to run the said school. Under the deed of partnership, the fourth defendant was appointed as the Manager and Correspondent of the school. On 16.8.1981 the said Chandrasekaran retired from the partnership and subsequently on 21.9.1982 the said partnership was dissolved by executing a document between the first and fourth defendant and thereby the fourth defendant has become the absolute owner of the properties and exclusive administrative control over the school.

(3.) THE Apex Court had an occasion to deal with similar issue in Ram Saran v. Ganga Devi , A.I.R. 1972 S.C. 2685 and in Vinay Krishna v. Keshav Chandra , A.I.R. 1993 S.C. 957 In these decisions, the Apex Court has come to the conclusion that where the defendant is in possession of some of the suit properties and the plaintiff in his suit does not seek possession of those properties but merely claims a declaration that he is the owner of the suit properties, the suit is not maintainable.