PAPPAMMAL DIED Vs. SAROJINI

JUDGEMENT

(1.) THE 1st respondent herein/plaintiff has filed the suit in OS.No.2327/1996 to pass a judgement and decree against the appellants 1 to 3 herein/the defendants 1 to 3, (a) declaring that the defendants 1 to 3 have no right in the suit property, (b) for delivery of possession of the suit property to the plaintiff, (c) directing the defendants 1 to 3 to pay past damages of Rs.9600/-, (d) directing the defendants 1 to 3 to pay future damages at the rate of Rs.400/- p.m. from the date of the suit till the date of delivery of possession and (e) for costs.

(2.) THE case of the Plaintiff as set out in the plaint is as follows:- a. THE suit property and the other properties belonged to the 4th defendant, namely, N.G.R.Industrial Workers Cooperative Housing Society Limited and only the bona fide members of the Society are eligible to be allotted a property. THE father of the plaintiff Chinnaswamy Naidu was the member of the 4th defendant Society and he was allotted the property at Door No.19, in site No.55 in S.Nos.450, 451 and 452/1A Singanallur and he was in possession and enjoyment of the same as an allottee. THE father of the plaintiff died on 10.8.1981 leaving behind his widow, Rajamanickam and the plaintiff as his heirs. THE mother of the plaintiff has given a consent letter to the 4th defendant Society for transferring the property to the plaintiff and the 4th defendant Society recognised the plaintiff as the lawful owner of the property as per deed of conveyance dated 7.5.1990. THE plaintiff has been paying the taxes and other charges to the Coimbatore Corporation. b. THE alleged agreement dated 19.11.1978, said to have been entered into between late Chinnaswamy Naidu and one Nachimuthu gounder, who is the husband of the 1st defendant and the father of the defendants 2 and 3 agreeing to sell the suit property to Nachimuthu gounder, is not a true and valid document. Even if the said agreement is true, it will not bind the plaintiff. THE alleged agreement of sale is in contravention of the by-laws of the Society, which prohibits any member from assigning, subletting or parting with the possession of the property without prior permission of the Board of Directors of the 4th defendant Society. But, no such permission was obtained by the father of the plaintiff. THErefore, the alleged agreement and the entire transaction are illegal and not enforceable in law and hence, the defendants 1 to 3 are the trespassers and they are liable to pay damages to the plaintiff at the rate of Rs.400/- per month and to pay Rs.9600/- towards past damages and to pay future damages from the date of the suit till the date of delivery of possession at the rate of Rs.400/- p.m. THE plaintiff sent a notice dated 14.10.1992 to Nachimuthu Gounder and to the 4th defendant Society. On return of the postal cover, the plaintiff came to know that the said Nachimuthu Gounder died and the 4th defendant Society refused to receive the notice. THEreafter, another notice dated 15.11.1992 was also sent to the defendants 1 to

(3.) BEFORE the Trial Court, on the side of the Plaintiff, Exs.A1 to A8 were marked and the Plaintiff examined himself as PW.1. On behalf of the Defendants, Exs.B1 to B25 were marked and Dws.1 to 3 were examined.