A.S.No.229 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 05.06.2023

PRONOUNCED ON : 18.07.2023

CORAM

THE HON'BLE MR. JUSTICE S.VAIDYANATHAN

AND

THE HON'BLE MR. JUSTICE K.RAJASEKAR

Appeal Suit No.229 of 2023

and

Civil Miscellaneous Petition No.9530 of 2023

M/s. Mowbrays Education Society,

Represented by its Hons. Secretary and Treasurer,

Smt.K.Rajalakshmi

... Appellant / Petitioner

Versus

Radha Prakash

Former Correspondent of Mowbrays Matriculation Higher

Secondary School, No.79, T.T.K.Road,

Alwarpet, Chennai – 600 019.

...

Respondent/Respondent

The Appeal Suit filed under Section 96 read with Order XLI

Rule 1 of the Code of Civil Procedure to set aside the Judgment and Decree

made in O.S.No.275 of 2020 dated 15.06.2022 on the file of the Principal

District Court, Chengalpattu.

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For Appellant

: Mr.C.Jagadish

For Mr.S.Senthil

JUDGMENT

[The Judgment of the Court was delivered by K.RAJASEKAR,J.,]

The unsuccessful plaintiff in O.S.No.275 of 2020 has filed this

appeal against the Judgment and decree dated 15.06.2022 passed by the

learned Principal District Judge, Chengalpattu, wherein the suit for

declaration filed by the plaintiffs is dismissed.

2. The parties are referred to hereunder according to status and

ranking before the trial Court.

3. The plaintiff has filed the suit for declaration that they are

the absolute owner of Schedule 'A' and 'B' properties and for the costs.

4. The case of the plaintiff in brief is as follows:

(a) The plaintiff is a registered Society established for the

purpose of running an Educational Institution and the management consists

of 8 members. During the year 1988, the plaintiff - Society had proposed to

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A.S.No.229 of 2023

purchase two properties for the purpose of establishing a School in the

outskirts of Chennai. The management has resolved to empower the

defendant to purchase the Schedule property, who was then the

Correspondent of the School. Thereafter, the Sale deeds were registered in

favour of the defendant in the capacity as Correspondent of Mowbrays

Matriculation School, Nanganallur, which is the school run by the Society.

In the Sale deed, the name of the purchaser should have been mentioned as

“Mowbrays Education Society represented by Radha Prakash”, but whereas,

the name of purchaser has been described as “Radha Prakash,

Correspondent, Mowbrays Matriculation School”, which has been

intentionally done by the defendant. In the year 1990, there was a dispute

between the defendant and the then Secretary-cum-Treasurer –

T.K.Kumarasamy. Hence, the defendant filed a Civil Suit in C.S.No.1005 of

1990 before this Court and subsequently, a Compromise Memo was

recorded between the parties and the defendant was relieved from the

Society.

(b) Thereafter, the Society was re-constituted and the Society

was functioning normally. One J.Mohanlal has filed a Civil Suit against the

defendant for recovery of arrears of rent to be paid by the defendant for her

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A.S.No.229 of 2023

residence and the suit was also decreed in his favour. Based on the decree,

E.P.No.961 of 1998 was filed, on the file of the IX Assistant City Civil

Court, Chennai and suit property herein was attached. Hence, to remove the

entry of the encumbrance over the suit properties, the plaintiff herein filed

E.A.No.1 of 2020 for raising attachment and the same was also allowed. As

per General Body Meeting held on 26.12.2016, the Society has decided to

sell the suit property and to settle the loans borrowed from the financial

Institutions to develop and modify the School. Hence, separate suit for

declaration of Title over suit properties filed by the Society. The defendant

has not appeared before the trial Court and was remained ex-parte.

5. Before the Trial Court,