w w w . L a w y e r S e r v i c e s . i n



J.M. Imran Khan v/s G.R. Apparaj, President, Chintadripet Fish & Perishable Products Traders Society, Chennai & Others


Company & Directors' Information:- I S G TRADERS LIMITED [Active] CIN = L51909WB1943PLC011567

Company & Directors' Information:- M TO M TRADERS PRIVATE LIMITED [Amalgamated] CIN = U51100GJ2005PTC046435

Company & Directors' Information:- TRADERS PRIVATE LIMITED [Active] CIN = U51909GJ2001PTC040133

Company & Directors' Information:- I P TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2003PTC097400

Company & Directors' Information:- A N TRADERS PRIVATE LIMITED [Active] CIN = U55101DL1994PTC060786

Company & Directors' Information:- TRADERS LIMITED [Strike Off] CIN = U99999MH1948PLC010149

Company & Directors' Information:- B. S. TRADERS PRIVATE LIMITED [Active] CIN = U67120DL1981PTC116873

Company & Directors' Information:- K R TRADERS PVT LTD [Active] CIN = U51909AS1987PTC002815

Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- K K PRODUCTS LIMITED [Active] CIN = U31300DL1991PLC045521

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- D L J P TRADERS PVT LTD [Active] CIN = U51909WB1991PTC052047

Company & Directors' Information:- D G TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064431

Company & Directors' Information:- R. D. TRADERS PRIVATE LIMITED. [Active] CIN = U17200MH2007PTC170419

Company & Directors' Information:- S S P PRODUCTS PRIVATE LIMITED [Active] CIN = U22110WB1974PTC210201

Company & Directors' Information:- R K C TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2009PTC132876

Company & Directors' Information:- G. D. TRADERS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC177251

Company & Directors' Information:- R G S TRADERS PRIVATE LIMITED [Active] CIN = U65921CH1992PTC012297

Company & Directors' Information:- K V TRADERS PVT LTD [Active] CIN = U17297WB1989PTC047906

Company & Directors' Information:- M L B PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040990

Company & Directors' Information:- M M PRODUCTS LIMITED [Strike Off] CIN = U28994DL1992PLC050955

Company & Directors' Information:- M L TRADERS PRIVATE LIMITED [Active] CIN = U01404PB2009PTC033017

Company & Directors' Information:- A R TRADERS PRIVATE LIMITED [Active] CIN = U01404PB2009PTC033018

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- O. P. TRADERS LIMITED [Active] CIN = U51497PB1994PLC014170

Company & Directors' Information:- G K PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043260

Company & Directors' Information:- S A P TRADERS PRIVATE LIMITED [Active] CIN = U51909HR2011PTC042479

Company & Directors' Information:- N R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51109AS1998PTC005561

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- R P TRADERS PRIVATE LIMITED [Active] CIN = U27109WB1998PTC086732

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- R R TRADERS PRIVATE LIMITED [Active] CIN = U51109UP1991PTC013245

Company & Directors' Information:- R G TRADERS PVT LTD [Active] CIN = U70101WB1985PTC038436

Company & Directors' Information:- D & T TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063612

Company & Directors' Information:- D. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U52320DL2011PTC213508

Company & Directors' Information:- FISH PRODUCTS LIMITED [Dissolved] CIN = U15499TN1998PLC041545

Company & Directors' Information:- R S PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036603

Company & Directors' Information:- R R PRODUCTS PRIVATE LIMITED [Active] CIN = U24249HR1999PTC034291

Company & Directors' Information:- V A TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039480

Company & Directors' Information:- R K M TRADERS PRIVATE LIMITED [Active] CIN = U51109WB2008PTC130202

Company & Directors' Information:- I G PRODUCTS PRIVATE LIMITED [Active] CIN = U74999WB2012PTC183503

Company & Directors' Information:- P AND R TRADERS PRIVATE LIMITED [Active] CIN = U51909AS2006PTC008176

Company & Directors' Information:- S K TRADERS PVT LTD [Strike Off] CIN = U17299WB1989PTC046495

Company & Directors' Information:- S D TRADERS PRIVATE LIMITED [Active] CIN = U51909PB2010PTC034457

Company & Directors' Information:- J. D. J. TRADERS PRIVATE LIMITED [Active] CIN = U51109WB2008PTC124248

Company & Directors' Information:- J S R PRODUCTS PRIVATE LIMITED [Active] CIN = U31908DL2007PTC170841

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- A G TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1947PTC001282

Company & Directors' Information:- M U TRADERS PRIVATE LIMITED [Converted to LLP] CIN = U51900AS2008PTC008853

Company & Directors' Information:- T. P. TRADERS PVT. LTD. [Active] CIN = U25209WB1995PTC068943

Company & Directors' Information:- N. L. TRADERS PRIVATE LIMITED [Strike Off] CIN = U52100UP2012PTC049307

Company & Directors' Information:- M S PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055125

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- P T TRADERS PRIVATE LIMITED [Active] CIN = U67120AS1999PTC005836

Company & Directors' Information:- G K D PRODUCTS PRIVATE LIMITED [Active] CIN = U15431WB1998PTC086840

Company & Directors' Information:- TRADERS & TRADERS PVT. LTD. [Strike Off] CIN = U51109WB1992PTC055444

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- S K TRADERS PRIVATE LIMITED [Strike Off] CIN = U51109KL2003PTC016071

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- H R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1978PTC009183

Company & Directors' Information:- S AND H TRADERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909KL1998PTC012688

Company & Directors' Information:- U M D TRADERS PVT LTD [Strike Off] CIN = U74140WB1988PTC045243

Company & Directors' Information:- A V H TRADERS PRIVATE LIMITED [Active] CIN = U10100DL2009PTC193000

Company & Directors' Information:- V S PRODUCTS PRIVATE LIMITED [Active] CIN = U36900DL2008PTC185445

Company & Directors' Information:- M & I TRADERS PRIVATE LIMITED [Active] CIN = U51109MP2008PTC020491

Company & Directors' Information:- L. K. TRADERS PRIVATE LIMITED [Active] CIN = U50400HR2011PTC043898

Company & Directors' Information:- H K PRODUCTS LIMITED [Active] CIN = U51900GJ2015PLC085457

Company & Directors' Information:- S R K PRODUCTS PRIVATE LIMITED [Active] CIN = U51221KA1989PTC010032

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- A V TRADERS PRIVATE LIMITED [Active] CIN = U51909AS2010PTC009934

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- S I S TRADERS PRIVATE LIMITED [Strike Off] CIN = U51505TN2006PTC058736

Company & Directors' Information:- G S T PRODUCTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909TN2006PTC059575

Company & Directors' Information:- P G TRADERS PRIVATE LIMITED [Active] CIN = U74120UP2011PTC043805

Company & Directors' Information:- R C TRADERS PRIVATE LIMITED [Active] CIN = U74999UP2016PTC085068

Company & Directors' Information:- S M P PRODUCTS PRIVATE LIMITED [Active] CIN = U25200DL2009PTC190965

Company & Directors' Information:- M K G TRADERS PRIVATE LIMITED [Active] CIN = U51494DL2008PTC183965

Company & Directors' Information:- S N S PRODUCTS PRIVATE LIMITED [Active] CIN = U15490DL2005PTC142749

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- A AND A PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MP2004PTC017128

Company & Directors' Information:- V J PRODUCTS PRIVATE LIMITED [Active] CIN = U36900GJ2011PTC065252

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- S AND G PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014843

Company & Directors' Information:- S L TRADERS PRIVATE LIMITED [Strike Off] CIN = U15109UP1987PTC008981

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- K N TRADERS PRIVATE LIMITED [Strike Off] CIN = U51109DL1984PTC017665

Company & Directors' Information:- D AND P PRODUCTS LIMITED [Amalgamated] CIN = U99999MH1951PTC008422

Company & Directors' Information:- FISH INDIA LIMITED [Strike Off] CIN = U05004PY1995PLC001065

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- FISH PRODUCTS LTD [Under Process of Striking Off] CIN = U05004AP1963PLC000963

Company & Directors' Information:- S R TRADERS PVT LTD [Active] CIN = U51909WB1985PTC039063

Company & Directors' Information:- E C A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U27209TN1987PTC014022

Company & Directors' Information:- KHAN TRADERS PRIVATE LIMITED [Active] CIN = U52100WB2020PTC240832

Company & Directors' Information:- B P TRADERS PVT LTD [Strike Off] CIN = U28931WB1980PTC032693

Company & Directors' Information:- K A TRADERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC060650

Company & Directors' Information:- A M TRADERS PRIVATE LIMITED [Strike Off] CIN = U52100DL1993PTC054323

Company & Directors' Information:- O B S TRADERS PVT LTD [Active] CIN = U74899DL1990PTC039242

Company & Directors' Information:- Y. R. TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2011PTC163724

Company & Directors' Information:- V D M TRADERS PRIVATE LIMITED [Strike Off] CIN = U51392KL2003PTC016586

Company & Directors' Information:- V C TRADERS PRIVATE LIMITED [Strike Off] CIN = U51496KL2005PTC018548

Company & Directors' Information:- J AND J TRADERS PRIVATE LIMITED [Strike Off] CIN = U19129UP1992PTC014356

Company & Directors' Information:- G S PRODUCTS LIMITED [Strike Off] CIN = U25191UP1989PLC010483

Company & Directors' Information:- B AND M TRADERS PVT LTD [Strike Off] CIN = U52321TN1988PTC016066

Company & Directors' Information:- A V V S TRADERS PVT LTD. [Strike Off] CIN = U51102TN1988PTC016437

Company & Directors' Information:- V M TRADERS PVT LTD [Strike Off] CIN = U05001UP1990PTC011859

Company & Directors' Information:- G D M TRADERS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC142470

Company & Directors' Information:- A P TRADERS PRIVATE LIMITED [Active] CIN = U17297UP1994PTC016102

Company & Directors' Information:- M N P TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2004PTC097811

Company & Directors' Information:- A R K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24231UP1978PTC004606

Company & Directors' Information:- A A TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1964PTC004250

Company & Directors' Information:- S. M. PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17299DL1966PTC004634

Company & Directors' Information:- A V B TRADERS PRIVATE LIMITED [Active] CIN = U51909MH2003PTC138973

Company & Directors' Information:- B. K. FISH PRIVATE LIMITED [Strike Off] CIN = U05004PN2011PTC141127

Company & Directors' Information:- R K TRADERS PVT LTD [Active] CIN = U31200MH1976PTC018744

Company & Directors' Information:- D AND P TRADERS PRIVATE LIMITED [Strike Off] CIN = U52322PN2009PTC133581

Company & Directors' Information:- IMRAN TRADERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51101MH2011PTC224617

Company & Directors' Information:- M M TRADERS PRIVATE LIMITED [Active] CIN = U51500MH1975PTC018056

Company & Directors' Information:- N R TRADERS PRIVATE LIMITED [Strike Off] CIN = U51900MH2005PTC157670

Company & Directors' Information:- R K TRADERS PRIVATE LIMITED [Active] CIN = U23201MH1976PTC018743

Company & Directors' Information:- K G N TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909MH2002PTC137173

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- M. P. TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2016PTC215988

Company & Directors' Information:- A & T TRADERS PRIVATE LIMITED [Active] CIN = U51900CH2015PTC035530

Company & Directors' Information:- B M TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909CH2010PTC032424

Company & Directors' Information:- R S C TRADERS PRIVATE LIMITED [Strike Off] CIN = U93091DL2006PTC149264

Company & Directors' Information:- U R TRADERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC056950

Company & Directors' Information:- L M TRADERS PRIVATE LIMITED [Active] CIN = U51497DL2014PTC274205

Company & Directors' Information:- M K R K TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC141404

Company & Directors' Information:- L K G TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909DL2013PTC249920

Company & Directors' Information:- P & Q PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2014PTC269162

Company & Directors' Information:- G R S TRADERS PRIVATE LIMITED [Converted to LLP] CIN = U51311DL2002PTC116627

Company & Directors' Information:- G G M TRADERS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109116

Company & Directors' Information:- INDIA TRADERS PRIVATE LIMITED [Strike Off] CIN = U74900DL2014PTC269271

Company & Directors' Information:- S K G TRADERS PRIVATE LIMITED [Active] CIN = U52100DL2011PTC213707

Company & Directors' Information:- S M L TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909AP2010PTC068983

Company & Directors' Information:- F & F TRADERS PRIVATE LIMITED [Active] CIN = U51900MP2010PTC023505

Company & Directors' Information:- M G TRADERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51101KA2012PTC066173

Company & Directors' Information:- V S TRADERS PRIVATE LIMITED [Active] CIN = U23109GJ2002PTC040842

Company & Directors' Information:- V AND O TRADERS PRIVATE LIMITED [Active] CIN = U51909MH2020PTC345927

Company & Directors' Information:- D & R TRADERS PRIVATE LIMITED [Strike Off] CIN = U74999DL1996PTC081454

Company & Directors' Information:- R S TRADERS PVT LTD [Strike Off] CIN = U24119WB1980PTC033197

Company & Directors' Information:- A. L. TRADERS PRIVATE LIMITED [Strike Off] CIN = U74999DL2000PTC105282

Company & Directors' Information:- K S TRADERS PVT LTD [Strike Off] CIN = U51909PB1990PTC010753

Company & Directors' Information:- P S TRADERS PRIVATE LIMITED [Strike Off] CIN = U92490TN1979PTC007957

Company & Directors' Information:- S P TRADERS PVT LTD [Strike Off] CIN = U51909WB1985PTC038361

Company & Directors' Information:- K S J TRADERS PRIVATE LIMITED [Strike Off] CIN = U51495HP1998PTC021636

Company & Directors' Information:- H T PRODUCTS PVT LTD [Strike Off] CIN = U29266WB1981PTC033424

Company & Directors' Information:- S S TRADERS AND CO PVT LTD [Strike Off] CIN = U65923DL1959PTC003031

Company & Directors' Information:- A TO Z TRADERS PRIVATE LIMITED [Strike Off] CIN = U64200DL1997PTC086157

Company & Directors' Information:- A K L TRADERS PVT LTD [Strike Off] CIN = U51909MP1989PTC005014

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

Company & Directors' Information:- TRADERS (INDIA) LIMITED [Dissolved] CIN = U00063KA1947PLC000505

Company & Directors' Information:- TRADERS LIMITED [Dissolved] CIN = U99999MH1951PLC010277

    O.S.A. Nos. 291 & 292 of 2020

    Decided On, 05 January 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN & THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Appellant: S.R. Raghunanthan, P.S. Amalraj, Advocates. For the Respondents: ------------



Judgment Text

(Prayer: Original Side Appeal filed under Order XXXVI Rule 2 of the Original Side Rules read with Clause 15 of the Letters Patent, praying to set aside the order dated 25.11.2019 made in A. No. 4630 of 2019 in C.S. No. 374 of 2017.Original Side Appeal filed under Order XXXVI Rule 2 of the Original Side Rules read with Clause 15 of the Letters Patent, praying to set aside the order dated 21.11.2019 made in A. No. 4631 of 2019 in C.S. No. 374 of 2017.)Common JudgmentP.D. Audikesavalu, J.(through video conference)1. The intra-court appeals in O.S.A. Nos. 291 and 292 of 2020 arise out of the orders dated 25.11.2019 in Application Nos. 4630 and 4631 of 2017 respectively in C.S. No. 374 of 2017 passed by the Learned Judge on the Original Side of this Court.2. The parties are hereinafter referred to as per their description in C.S. No. 374 of 2017 for the sake of clarity and convenience.3. We have heard Mr. S.R.Raghunanthan, Learned Counsel appearing for the Fifth Defendant and perused the materials placed on record, apart from the pleadings of the parties.4. The members of Chintadripet Fish and Perishable Products Traders Society (hereinafter referred to as the ‘Association’ for short), which has been registered under the Tamil Nadu Societies Registration Act, 1975, claim to be in possession and enjoyment of the property measuring around 1880 square meters comprised in Survey No. 735/47 situated at Arunachala Naicken Street, Chintadripet, Chennai - 600002, which originally belonged to one C.R.B.Ramesh Babu. According to the Association, an agreement dated 06.05.1990 had been entered by it with the said C.R.B.Ramesh Babu in respect of the manner in which the said property should be maintained and enjoyed. It had been provided in clause 16 of the said agreement as follows:-“in the event of the owners selling or attempting to further lease out the property, the first right to purchase the same is given to the Society”The question of buying that property did not arise during the lifetime of the said C.R.B.Ramesh Babu because he did not attempt to sell the same and the individual members of the Association were paying rents to him. After the death of the said C.R.B.Ramesh Babu and his son, viz., C.R.Basanth Babu, the said property devolved upon C.R.Kasthuri (wife of C.R.B.Ramesh Babu), Sarayou Basanth (wife of C.R.Basanth Babu) and B.Saaru Rupa and B.Hema Rupa (daughters of C.R.Basanth Babu). On coming to know that the said persons had executed an agreement with one J.M.Imran Khan for sale of an extent of 3.87 grounds of the said property, the Association, viz., ‘Chinthadripet Fish and Perishable Products Traders Society, represented by its President’, had on 02.05.2017 instituted the suit in C.S. No. 374 of 2017 on the original side of this Court against the said persons, who have been arrayed as the First to Fourth Defendants, for specifically enforcing clause 16 of the agreement dated 06.05.1990 by directing them to execute sale-deed in respect of that property in favour of the Plaintiff and for permanent injunction restraining them or any persons claiming through them from in any manner alienating or encumbering the property to any third party or disturbing the peaceful possession and enjoyment of the property by the Plaintiff and its members. Shortly thereafter, the First to Fourth Defendants had executed a sale-deed dated 03.05.2017 in favour of the said J.M.Imran Khan, which has been registered as Document No. 1235 of 2017 on the file of the Office of the Sub-Registrar, Periamet at Chennai. The said J.M.Imran Khan was impleaded as the Fifth Defendant by order dated 12.06.2017 in Application No. 3046 of 2017 passed in that suit. The Fifth Defendant resisted that suit by filing Written Statement dated 16.07.2018 and also by way of application to reject the plaint in Application No. 7144 of 2017 by contending that the suit filed by the Association was not maintainable and the nature of rights sought to be enforced in that suit were not for the Association but for its members who were not parties thereto. At that stage, the application in Application No. 4630 of 2019 had been made to amend the cause-title relating to the description of the Plaintiff as follows:-“G.R.Apparaj,President,Chinthadripet Fish and Perishable Products Traders Society,No. 24, Arunachalam Street,Chinthadripet,Chennai - 600 002.”Another application in Application No. 4631 of 2019 was made to implead 19 members of the Association as the Second to Twentieth Plaintiffs in that suit. Though the Fifth Defendant opposed both of those applications, the amendments sought were ordered by order dated 25.11.2019 passed by the Court. Aggrieved thereby, the Fifth Defendant has filed these appeals.5. The primordial contention of the Learned Counsel for the Fifth Defendant is that a society, whether registered or not, is not capable of ownership of any property or of suing or being sued in its name as held by the Hon’ble Supreme Court of India in Illachi Devi -vs- Jain Society, Protection of Orphans India [(2003) 8 SCC 413], and as such, the applications for amendments ought not to have been entertained. The same proposition of law, which had been canvassed earlier, has been negatived by this Court in S.Vetrivel -vs- Tamil Nadu Advocates Association [(2011) 4 MLJ 226], where it has been succinctly explicated as follows:-“30…. Section 20 of the Tamil Nadu Societies Registration Act, 1975, does not prohibit a Society from instituting any civil proceeding for the redressal of the grievances of its members. Sub Section (1) of Section 20 stipulates that the Committee or any Officer of the registered Society authorised in this behalf by its bye-laws may bring or defend or cause to be brought or defended any action or other legal proceeding touching or concerning any property, right or claim of the registered society and may sue or be sued in respect of any such property, right or claim. It does not mean that the right of a registered Society to institute a suit is confined only to any property, right or claim of the registered society and not to any property, right or claim of the members of the society. The right or claim of the members of a registered Society, if found to exist in a common platform, can always be agitated by the Society on behalf of its members.31. In Illachi Devi -vs- Jain Society, Protection of Orphans India [2003 (8) SCC 413], the Supreme Court pointed out that the mere fact of registration of a society under the Societies Registration Act, will not make the said society distinct from an Association of persons. A Society is not a body corporate as is the case in respect of a company registered under the Companies Act, 1956. While a company enjoys an identity distinct from its original shareholders, a Society is indistinguishable in some aspects, from its own members. In the same decision, the Supreme Court pointed out in paragraph 54 as follows:-“54. Societies registered under the Societies Registration Act, in the changed scenario play an important role in society. They discharge various functions which are beneficial to society. They run educational and other institutions. They sometimes work in public interest and act in aid of State functions. They have their own accountability. They sometimes incur liabilities. Public interest litigations filed by societies are galore.”Therefore, the contention that the suit is not maintainable at the instance of a society, is unsustainable.”The said decision has been affirmed in appeal by the Division Bench of this Court in S.Vetrivel -vs- Gini Manuel [(2011) 2 LW 790]. While concurring with the aforesaid views expressed, it is noticed from the plaint in C.S. No. 374 of 2017 that it has been signed and verified at the time of presentation by G.R.Apparaj as the President of the Association on whose behalf the suit has been instituted. In paragraph 4 of the affidavit filed in support of the applications for amendment, it has been averred as follows:-“4. I humbly submit that I have already filed the bye-laws as suit documents. Clause (h) of the bye-law of the Plaintiff Association is extracted below:-“TAMIL”Clause (s) (4) of the bye-law of the plaintiff Association is also extracted below:-“TAMIL”As per the bye-laws of the plaintiff Association I am entitled to sue on behalf of the plaintiff Association.”Section 20 of the Tamil Nadu Societies Registration Act, 1975, reads as follows:-“20. Legal proceedings by or against registered societies:-(1) The committee or any officer of the registered society authorized in this behalf by its bye-laws may bring or defend or cause to be brought or defended any action or other legal proceeding touching or concerning any property, right or claim of the registered society and may sue or be sued in respect of any such property, right or claim.(2) Any action or other legal proceeding shall not abate or be discontinued by the death, resignation or removal from office of any officer of the registered society.”It has been prescribed in Rule 9 of Order I of the Code of Civil Procedure, 1908, as follows:-“9. Mis-joinder and non-joinder:-No suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it:Provided that nothing in this rule shall apply to non-joinder of a necessary party.”In this factual backdrop viz-a-viz the relevant legal provisions, it is beyond any pale of doubt that the amendments made to the plaint are necessary for the purpose of determining the real questions in controversy between the parties for effectual and complete adjudication of the suit satisfying the requirement of Rule 10 of Order I and Rule 17 of Order VI of the Code of Civil Procedure, 1908, which do not require any interference.6. Yet another plea raised by the Learned Counsel for the Fifth Defendant is that in respect of a suit for enforcement of a right of pre-emption, in terms of Article 97 of the Schedule to the Limitation Act, 1963, the period of limitation of one year has to be computed from the date of taking physical possession by the purchaser of the property or if it does not involve such dispossession, the date of registration of such sale, and the amendments, which have been sought after the lapse of the said period, ought not to have been entertained. As Section 21 of the Limitation Act, 1963, exhaustively deals with the effect of substituting or adding a new plaintiff, which would govern the rights of the parties in the suit, it would

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be pre-mature at this stage of the litigation to dwell into that aspect of the matter. Suffice to observe here that the issue of limitation, which is a mixed question of law and fact, has to be agitated by the parties with reference to their respective pleadings in that regard at the time of final decision in the suit. Since the Fifth Defendant is entitled, as of right, to file additional written statement pursuant to the amendments made in the suit by the impugned orders, there cannot be any prejudice caused to him and he is not precluded from working out his rights in accordance with law.7. Learned Counsel for the Fifth Defendant lastly made a submission that some of the members of the Association, who have been added as Plaintiffs, have entered into fresh lease agreements with the Fifth Defendant which would amount to forfeiture of right to enforce any pre-emption for purchase of the property. As rightly held by the Learned Judge in the impugned orders, that is also a matter to be decided in the suit on the basis of pleadings and evidence adduced by the parties for the same.In the upshot, these appeals, which do not deserve admission, are dismissed. No costs.
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