Second appeal against decrees for recovery of a residential society transfer fee. The High Court held that the President, being jointly signatory to the plaint and having overall administrative charge as per by-laws, was empowered to sue and depose, dismissing the appeal.
Second appeal dismissed; no costs; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.A(MD).No.776 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.776 of 2022 and C.M.P(MD)No.11787 of 2022
Rev.Daniel G.Rajasekaran .... Appellant/Appellant/Defendant
Vs.
1.Dr.R.Selvarajan
2.S.Prabakaran ... Respondents/Respondents/Plaintiffs
Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 28.07.2022 passed in A.S.No.22 of 2021 on the file of the Additional Sub Court, Madurai, confirming the judgment and decree dated 29.01.2021 passed in O.S.No. 371 of 2016 on the file of the Principal District Munsif Court, Madurai.
For Appellant : Mr.J.Gunaseelan Muthiah
For Respondents : No appearance
J U D G M E N T
This Second Appeal has been filed challenging the concurrent findings of the courts below. The defendant in O.S.No.371 of 2016 on the file of the Principal District Munsif Court, Madurai is the appellant herein.
S.A(MD).No.776 of 2022
litigative status in the suit.
S.A(MD).No.776 of 2022
were marked as Ex.A.1 to Ex.A15. On the side of the defendant no document was produced. The issues were also framed by the trial court based on the pleadings of the respective parties.
S.A(MD).No.776 of 2022
has the overall charge and supervision in respect of administration of the
plaintiffs society, its properties and finances, the same is found in clause-15(a) of the by-laws. The Secretary of the society shall be responsible for convening the meetings of the executive committee and general body of the society. As seen from clause-15(b)(vi), the Secretary will be the Officer to sue or to be sued on behalf of the plaintiff society.
the President is not empowered under the by-laws to depose on behalf of the plaintiffs society and the Secretary alone has got the said power. Admittedly, the plaint was signed both by the Secretary as well as the President of the plaintiffs society and the President of the society deposed on behalf of the plaintiff society. The trial court has rightly held that there is no prohibition for the President of the society to depose on behalf of the society under the by-laws. Therefore, oral evidence let-in by the President of the society cannot be rejected. It is also to be noted that both the Secretary as well as the President have signed the plaint and the President is also having overall charge and supervision in respect of administration of the plaintiff society as per the by-laws. No evidence has been placed by the defendant before the trial court to disprove the claim of the plaintiff that the
S.A(MD).No.776 of 2022
defendant is liable to pay the transfer fee as per the by-laws.
Court, Madurai, by its judgment and decree dated 28.07.2022 in A.S.N0.22 of 2021 has also rightly confirmed the findings of the trial court by dismissing the appeal filed by the defendant.
S.A(MD).No.776 of 2022
answered against the appellant/defendant as they have been rightly considered by the courts below based on oral and documentary evidence available on record. There are no debatable issues of fact or law involved in this Second Appeal, which require any interference by this Court under Section 100 C.P.C.
28.03.2023
Index : Yes/No Internet: Yes/No CM
To
1.The Additional Sub Court, Madurai, 2. The Principal District Munsif Court, Madurai. 3.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
S.A(MD).No.776 of 2022
ABDUL QUDDHOSE, J.
CM
S.A.(MD)No.776 of 2022 and C.M.P(MD)No.11787 of 2022
28.03.2023
3 issues framed by the court
Whether the trial court and first appellate court erred in holding that the society President was authorized to sue and depose on behalf of the association despite by-laws empowering only the Secretar
Whether the lower courts disregarded the mandatory provisions of the society's by-laws regarding the authority to institute civil suits.
Whether there are any debatable issues of fact or law in this second appeal requiring intervention under Section 100 CPC.
1 provisions across 1 enactments
Rev. Daniel G. Rajasekaran
Dr. R. Selvarajan
S. Prabakaran
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
