J U D G M E N T

The suit is filed for partition for dividing the suit property into four equal shares and allot three such shares to the plaintiffs to declare that the Plaintiff is the sole and absolute owner of the suit properties Items 1 and 2 and consequently grant a Permanent Injunction restraining the defendant, his agents or anybody else, claiming under or through him, from in any manner, interfering with the Plaintiff his peaceful possession of the said schedule mentioned properties with costs.

2.The brief facts of the case of the plaintiffs are as follows:

2(a) The case of the plaintiffs is that that plaintiff's society is a registered society, formed more then 140 years ago and subsequently after about 20years from the date of formation, the Plaintiff society created a property wing under the name and style of "Voodayavar Fund, Madras". The object of the said Voodayavar Fund, Masdras was to identify properties and acquire the same which would ensure the Samuham. Accordingly, the said Voodayavaqr Fund, Madras acquired two properties morefully described in the Plaint schedule as Items 1 and 2. In fact, the then members in and by proceedings dated 14.08.1900 resolved to purchase the said property for the purpose of performing Voodayavar Uthsavam and nominated 5 Panchayat Dars to be included in the Sale Deed for the purpose of registration.

2(b) In 1967 after the inception of the Societies Registration Act, the Plaintiff society was registered. After several years, early in this century the Plaintiff society felt no necessity for `Voodayavar Fund, Madras' as the objects were duly fulfilled after the purchase of 2 properties and hence the said `Voodayavar Fund, Madras' was merged with the Plaintiff's society and the Plaintiff's society took over the control of both the properties and the society was registered under the Tamil Nadu Societies Registration Act, 1975, and the assessments were in the name of Plaintiff's society. The income generated from the said properties by way of rent is being utilized for the performance of uthsavams in 3 temples in the city of Chennai including maintaining the schedule properties as well.

2(c) While so, to the utter shock and disbelief to the Plaintiff Society, the Defendant, out of the blue, issued a legal notice dated 24.12.2019 questioning the right of the Plaintiff Society and also made false, vexatious and baseless allegations against the functioning of the Plaintiff Society. The defendant also indicated in the notice that the Defendant and his family members were willing to take over the plaintiff society itself, thereby exposing theri ulterior design to usurp the valueable properties belonging to the Plaintiff Society. In any event by way of abundant caution especially with the Defendant casting a doubt on the Plaintiff's title itself to the schedule properties, the Plaintiff has been advised to seek for declaration of its title over the suit schedule properties more fully described as item Nos.1 and 2 and also for a consequential relief of a permanent injunction to protect its possession. Hence the suit.

3. Though summons was served and learned counsel appeared for the Defendant on 22.09.2020, he has not chosen to file written statement. Hence the suit was listed under the caption 'Undefended Board'. Even after posted the suit under the caption Undefended Board, the Defendant has not filed written statement. Hence the Defendant was set ex-parte on

22.01.2021.

4. On the side of the plaintiff, the Authorised Signatory of the Plaintiff's Society was examined as P.W.1 and Ex.P.1 to Ex.P.19 were marked.

Exhibits produced on the side of the plaintiffs: