A suit cannot be maintained by an association or society without locus standi or without proper representation, as required by the relevant statutes.

Re: C.O. No. 534 of 2010

1. By the impugned order dated 6th January, 2010 passed by the learned Civil Judge, Junior Division, Fourth Court at Sealdah in Title Suit No. 243 of 2008, the defendant’s application under Order 7 Rule 11 of the Civil Procedure Code was rejected by the learned Trial Judge. The defendant No.8 is aggrieved by the said order. Hence the said defendant has come before this Court with this application under Article 227 of the Constitution of India.

Heard Mr. Mukherjee, learned Senior Counsel, appearing for the petitioner and Mr. Banerjee, learned Senior Counsel, appearing for the opposite party, Considered the materials on record including the order impugned. Let me now consider the merit of the impugned order in the facts of the instant case. The plaintiff is a registered Society. The plaintiff filed the suit for declaration of the lawful right of its members over the suit property and for a further declaration that the deed of conveyance registered in the office of the Registrar of Assurance, Kolkata-II on 31st August, 2007 being No.853 of 2008 is void, illegal, in operative and a sham transaction. The plaintiff also prayed for a decree for permanent injunction for restraining the defendant their men and agents from carrying on any measurement over the suit property with the help of the proforma defendant No.10 with a view to block the entire suit property by constructing the boundary wall thereon and/or from interfering and disturbing the plaintiff’s peaceful possession of the suit property.

It was stated by the plaintiff in the plaint that the predecessor-in-interest of the defendant Nos.1 to 7, namely, Sajanendra Nath Tagore was the original owner of the land measuring about 36 Bighas 16 Cottahs, 15 Chittaks and 12 square feet together with some tile shaded structures in different dags which were particularly mentioned in the Schedule A of the plaint. It was further stated therein that the different persons were inducted as tenants by the said predecessor-in-interest of the defendant Nos. 1 to 7 in respect of their respective tenancies in different shop rooms made with tile shaded structure on monthly rental basis during the period of 1976. The possession which was given to such persons in respect of different shop rooms are mentioned in Schedule A-1 of the said plaint. In fact, the plaintiff claims relief by way of declaration and injunction in respect of the said A-1 Schedule property.

It was further stated therein that the tile shaded structures became dilapidated due to natural wear and tear and since neither the predecessors-in-interest of the defendant Nos. 1 to 7 nor the defendant Nos. 1 to 7 took care to repair these structures, the tenants formed an association which was registered under the West Bengal Societies Registration Act for protecting the interest of the members of the said association in smooth running of their respective business under the umbrella of the said Society.

It was further stated therein that the plaintiff’s Society developed the entire suit structure including the respective tenancies of its members to the knowledge of the defendant Nos. 1 to 7 with the fund provided by its members and has been possessing the same continuously and uninterruptedly on and from 17th April, 1980 by exercising their Possessory right and/or the right of tenancy over the suit property. The said Association along with another Association formed with the other group of tenants in other part of A Schedule property, jointly constructed passages within the suit property, arranged electricity, street lights, sewerage lines, drinking water connections for the members of their respective Associations. The Municipal Authority has also allotted individual holding number to the individual tenant in respect of their respective tenancies. Since the defendant No.8 tried to disturb the possession of the members of the plaintiff’s society and also made an attempt to demarcate the suit property in d