PREM CHAND Vs. SECUNDERABAD CLUB

JUDGEMENT

(1.) The unsuccessful plaintiff in O.S.No.1104 of 1995 on the file of the XI Junior Civil Judge, City Civil Court, Secunderabad, is the appellant. The suit was dismissed by the trial Court on 11.11.1998, A.S.No.8 of 1999 filed by him before the Special Judge for the Trial of Offences under SCs and STs (POA) Act-cum-Additional Metropolitan Sessions Judge-cum-XX Additional Chief Judge, City Civil Court, Hyderabad, was dismissed, on 04.11.2004. Hence, this Second Appeal.

(2.) Secunderabad Club, the 1st respondent (for short 'the respondent'), is one of the reputed clubs in India. The father of the appellant is a permanent member thereof. The Rules framed by it confers certain rights upon the children of permanent members. Initially, up to the age of 16 years, such a person is conferred with the status of a junior dependant, and thereafter, up to 25 years, he is treated as senior dependant. On attaining the age of 25 years, he is entitled to seek admission as a permanent member. Special procedure is prescribed therefor.

(3.) The appellant was conferred with the status of junior dependant and senior dependant, at the respective ages. On 27.11.1994, he submitted application for admission as a permanent member. As required under the Rules of the Secunderabad Club, (for short 'the Rules'), his father signed the application as a proposer and one of his brothers, who too is a permanent member, seconded him. However, on noticing that the respondent was not taking positive steps on the application, the appellant and his father filed the suit with a prayer (a) to declare that the appellant is a permanent member of the respondent with effect from 29.01.1994, subject to payment of amount, if any, (b) for a perpetual injunction to restrain the respondent from interfering with the usage of the facilities by the appellant, and (c) for mandatory injunction requiring the respondent to allow the appellant to avail the facilities. He stated the relevant facts leading to the submission of application.