Unregistered and registered societies with similar names are distinct absent proof of property vesting; extraterritorial registration of sale by office-bearer to family raises fraud presumption, invalidating transaction.

JUDGMENT :

R. KALAIMATHI, J.

1. A.S(MD)No.71 of 2022 has been preferred by the 13 defendants out of 46 defendants (Rajasundari and 12 others) against the Judgment and Decree dated 28.01.2022 passed in O.S. No.50 of 2008 on the file of the IV Additional District Court, Tirunelveli.

2. A.S(MD)No.79 of 2022 has been preferred by the plaintiffs 1 and 2 against the Judgment and Decree dated 28.01.2022 passed in O.S.No.108 of 2008 on the file of the IV Additional District Court, Tirunelveli.

3. A.S(MD)No.80 of 2022 is preferred by the plaintiffs against the Judgment and Decree dated 28.01.2022 passed in O.S.No.109 of 2008 on the file of the IV Additional District Court, Tirunelveli.

4. There are as many as five suits were tried together. Out of which, four suits were transferred from the District Munsif Court, Valliyoor and tried together. Common evidence was recorded in O.S.No. 50 of 2008 and the impugned judgment was pronounced by the trial Court.

5. At the first instance, two suits were filed before the Principal District Munsif Court, Valliyoor in O.S.No.1363 of 1988 and in O.S.No. 1365 of 1988 for permanent injunction thereby to restrain the defendants, their men and agents from in anyway interfering with the peaceful possession and enjoyment of the plaintiffs, the details of which, are as follows:

 O.S.No.1363 of 1988 was filed by Leela and Vanaja who are the purchasers of the property. O.S.No.1365 of 1988 was filed by Lurthuammal, who is the purchaser from the registered Society, Singikulam Bharathakula Ikkia Sandhai Sangam (herein after referred to SBIS Sangam). Both the suits were taken on file by the Trial Court in O.S.No.108 of 2008 and 109 of 2008;

 O.S.No.439 of 1994 was filed before the District Munsif Court, Valliyoor for the relief of declaration that the first schedule of property belongs to the Bharatha Kula People and for mandatory injunction to remove the constructions made in 2^nd and 3^rd schedule property by defendants 2, 4, 5 as well as by 6^th defendant through 31^st defendant;

 The said suit is transferred to the Trial Court and taken on file in O.S.No.50 of 2008;

 O.S.No.1363 of 1988 and O.S.No.1365 of 1988 were originally dismissed by the Principal District Munsif Court, Valliyoor on 28.02.1994. On appeal before the Principal Sub Court, Tirunelveli, the Principal Sub Judge, Tirunelveli, remanded both the suits by Judgment in A.S.No.33 of 1994 dated 17.07.1996 with a direction to try these suits along with O.S.No.439 of 1994 filed for the relief of declaration of title and permanent injunction by the Bharatha Kula Community People;

 The plaint in O.S.No.439 of 1994 was returned and presented before the Principal District Court, Tirunelveli on 19.03.2008 as per Order passed by this Court in CRP(PD)No.2322/2003 dated 07.03.2008. O.S.No.439 of 1994 was taken on file by the