COMMISSIONER, WEST ARNI PANCHAYAT UNION Vs. ST JOSEPH SOCIAL WELFARE CENTRE
LAWS(MAD)-2019-3-121
HIGH COURT OF MADRAS (AT: STATE)
Decided on March 25,2019

Commissioner, West Arni Panchayat Union Appellant
VERSUS
St Joseph Social Welfare Centre Respondents

JUDGEMENT

N. Sathish Kumar, J. - (1.) Aggrieved over the finding of the first appellate Court allowing the appeal thereby dismissing the suit which is filed for recovery of possession and also declaration that the defendants 2 and 3 are not entitled to claim any right over the suit properties, the present appeal filed by the third defendant. The first and second defendant have not filed any appeal against the finding of the first appellate Court.
(2.) The brief facts leading to filing of the suit is as follows : The plaintiff institution is a Christian Missionary Religious Trust. One Brother Thomas was heading the institution formerly and during his period the suit properties were acquired. Item No.1 of the suit property was given to the institution by a registered Gift Deed dated 25.05.1977. Whereas, Item No.2 was purchased on 12.05.1977 out of the funds of Christian Mission. Subsequently, two storied building was constructed and the constructions were put up by the funds of the institution in order to provide employment to the poor and minority community. Patta No.562 was given to the plaintiff establishment and after the death of Brother Thomas, the patta was transferred to present incumbent. The defendants 1 and 2 were permitted to occupy the building free of rent to carry out their activities. Thereafter by a letter dated 18.11.1983, the plaintiff institution requested the defendants to vacate the building. Thereafter, the defendant wrote a letter expressing their desire to purchase the property. As the letter disclosed reluctance to vacate the building, this suit has been filed .
(3.) The first and second defendants filed a written statement contending that they are running a 'Rural Artisan Training Center' in the suit property for the last 14 years under the rural development scheme. In the year 1977, the defendants came into possession and they were running training centre and the plaintiff has no right to file the suit.;


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