M PALANIKUMAR Vs. A S K JEYASEELAN

JUDGEMENT

(1.) THE appeal in A.S.No.313 of 2008 is filed by the Plaintiffs to set aside the amended portions of the judgment of the lower court dated 17.11.2008 and to restore the judgment which was rendered on 11.11.2008.

(2.) THE appeal in A.S.No.315 of 2008 is filed by the Defendants to set aside the judgment and decree dated 11.11.2008 passed in O.S.No.19 of 2007 by the learned Principal District Court, THEni.

(3.) THE brief facts of the case is as follows: THE subject matter of the suit is one THEni Melapettai Hindu Nadargal Uravin Murai Society (herein after called as "Society"), which is a registered society under the Registration of Societies Act XXI of 1860 (herein called as 'Act') under SC.No.37 of 1975. THE Society is running several educational institutions, milk society, temple with marriage hall, a printing press, etc. According to the parties, the Society is in existence for more than 125 years, however, registered only in the year 1975 and governed by its own byelaws. THE members are male adults belonging to THEni Melapettai Hindu Nadar Community. THE Executive Committee consists of President, Vice President, General Secretary, Treasurer and 12 Executive Members, who were elected in the general body meeting held on 21.05.2004 and they are to administer the Society for a period of 3 years from 03.06.2004 to 02.06.2007. On 12.03.2005, the Treasurer namely, Ramar Pandiyan resigned from his post and on 25.04.2005, one R.V.Kamaraj was elected as Treasurer in his place. On 14.11.2006, the General Secretary namely, Maruthaiya also resigned from his post, and one Mr. Ramar Pandian was nominated as the General Secretary in the Executive meeting dated 1.12.2006 under the bylaws no.6.He was discharging the duties of the general secretary and on 14.3.2007 he issued a notice calling for the general body meeting on 7.4.2007 and one of agenda was election of new office bearers for the next three years.