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2016 Supreme(Mad) 4031

S.S.SUNDAR
A. K. Alagarraja Memorial Kinder Garden School – Appellant
Versus
D. D. 89, Theni Cooperative Building Society Ltd. – Respondent


Advocates Appeared:
For the Appellants :Mr. PT.S. Narendravasan, Advocate
For the Respondent:Mr. S.Thamizharasan, Advocate

JUDGMENT :

S.S. Sundar, J.

1. The defendants 1 to 3 in the suit in O.S.No.477 of 2006 on the file the District Munsif Court, Theni, are the appellants in the above second appeal.

2. The first respondent herein, as plaintiff, filed the suit in O.S.No.477 of 2006 for a declaration that the second defendant/second appellant has only a limited and restricted right to manage the school without any personal right to alienate the suit property and as such the suit property which was reserved for a school should remain only as a school site without any change and for an order of mandatory injunction directing defendants 2 and 3 to hand over the school to the plaintiff. The suit is also for a permanent injunction restraining the defendants 2 and 3/appellants 2 and 3 from alienating the suit property to any other person.

3. The case of the plaintiff/first respondent in the plaint are as follows:

3.1. The plaintiff is a Cooperative Building Society and it has promoted a colony called NRT Nagar at Theni. The plaintiff formed a layout and got the approval of Town and Country Planning Authority for the layout. While preparing the layout plan, in compliance of the statutory requirement, the plaintiff
















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