Relief of declaration cannot be asked for as a matter of right.

(Second appeal under Section 100 CPC against the decree and judgment dated 30.12.2004 made in A.S. No. 406 of 2003 on the file of Fast Track Court No.III (District and Sessions Judge), Chennai confirming the decree and judgment dated 30.09.2003 made in O.S. No. 8936 of 1995 on the file of IV Assistant City Civil Court, Chennai.)

This second appeal has been filed by the Plaintiff/appellant against the decree and judgment dated 30.12.2004 made in A.S. No. 406 of 2003 on the file of Fast Track Court No.III (District and Sessions Judge), Chennai confirming the decree and judgment dated 30.09.2003 made in O.S. No. 8936 of 1995 on the file of IV Assistant City Civil Court, Chennai.

2. The Plaint averments are as follows:-

The Appellant Association originally was an unregistered one. Later the same was registered on 23.12.1991 under the Tamil Nadu Societies Registration Act, 1975 in S.No.309/199, having its registered Office at Door No.C274, Periyar Nagar, Chennai-82. The object of the Appellant Association is to serve for welfare and promote education, culture and social services to the needy people of the locality. There were about 100 Christian allottees, who approached the Registrar of Cooperative Societies, Madras for allotment of place through their agent viz. Periyar Nagar Government Servant's Cooperative House Site Distribution Society Limited for the purpose of construction of a Church, a School and a medical centre. The request of the Appellant Association was considered and land to an extent of 8 grounds and 125 sq.ft. was allotted. The Appellant Association took possession of the same in 1983 and commenced development activities. The members of the Appellant Association contributed for construction of the Church. The Appellant Association sought assistance of the 2nd respondent/The Church of South India (CSI), Diocese of Madras as one of the Institutions to provide pastoral care. The 2nd respondent Church did not come forward for any substantial financial assistance to the Appellant Association. Later, the attitude of the 2nd respondent turned differently and the plaintiff association decided to act independently without the help of the 2nd respondent. The Appellant Association resolved to take up the construction work of the church by themselves in the General Body Meeting, which was communicated to the 2nd respondent on 3.9.1985. The 2nd respondent Church expressed their desire to transfer the land allotted to the Appellant Association in their favour i.e. the 3rd respondent, which was not agreed upon by the Appellant Association. During 1991, the 2nd respondent Church attempted to convert the property of the Appellant Association into their own property, which was resisted by their reply dated 15.5.1991. Later the 2nd respondent Church withdrawn their pastoral care services extended to the Appellant Association with effect from 1.8.1991. One Rev.Wesly Brown, who was the then Secretary of the 2nd respondent indulged in creating unhealthy atmosphere by instigating its men to trespass into the appellant Church premises on 8.12.1991. The Appellant Association preferred a complaint to the local police and also filed a suit in OS.No.8854/1991 against the said Rev.Wesly Brown on 10.12.1991 for permanent injunction. The appellant church is affiliated to Anglican Church of India. The 1st respondent's men trespassed into the appellant Church's premises on 13.2.1994 and caused mischief. The Appellant Association on the same day filed a suit in OS.No.1134/1994 for restraining the 1st Defendant herein from interfering with the affairs of the Church. The said OS.1134/94 was dismissed as not pressed later. The Appellant Association alone has been in possession and enjoyment of the property and discharging duties and performing daily, weekly, monthly regular services. The frequent interference of the 1st respondent made the Appellant Association to file the present suit for declaration that the Appellant Association is the la