N. DAYARAM Vs. JAYA KUMAR

JUDGEMENT

(1.) Defendant No.1, in the suit filed the above revision against the order 19/5/2022 in I.A.No.520 of 2022 in I.A.No.159 of 2021 in O.S.No.459 of 2021 on the file of learned I Additional Junior Civil Judge, Chittoor.

(2.) Plaintiff filed suit O.S.No.459 of 2021 against defendants seeking perpetual injunction restraining defendant No.1, his men, agents, etc., from alienating the plaint schedule property.

(3.) In the plaint, it was contended inter alia that the suit schedule property belongs to defendant No.2 Cooperative House Building Society (hereinafter referred to as 'society'). Defendant No.1 is President and plaintiff is one of the members, of the society. Plaint schedule property was purchased by the society with the funds of the plaintiff and other members under registered sale deed, dtd. 24/10/2018. Plaintiff contributed Rs.10,50,000.00. Defendant No.1 developed hostile attitude towards the society and misappropriated huge money. Defendant No.1 failed to render accounts. Defendant No.1 got executed sham and nominal sale deed, dtd. 30/1/2020 in the name of his wife. Plaintiff lodged a complaint against defendant No.1 and others and the same was registered as crime No.367 of 2020 for the offences punishable under Ss. 409, 417, 418 and 420 of IPC, Sec. 5 of the Protection of Depositors and Financial Establishment Act and sec. 38 of Mutually Aided Co-Op Society Act. Police, after completion of investigation, filed charge sheet on the file of learned IV Additional Judicial Magistrate of First Class and the same is numbered as C.C.No.1365 of 2020.