IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 SA.No. 766 of 1997(G) --------------------- AS.244/1997 of DISTRICT COURT, THRISSUR OS.293/1995 of PRL.MUNSIFF COURT,THRISSUR .................... APPELLANT(S): PLAINTIFF: ------------------------------------------ V.A.ROCKY, S/O.ANTHONY, VADAKKETHALA HOUSE, H.NO.XII/395, KURIACHIRA, CHIYYARAM VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE RESPONDENT(S): DEFENDANT-: ------------------------------------------------- BANERJI MEMORIAL CLUB REPRESENTED BY PRESIDENT, ROUND NORTH, THRISSUR. BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE THIS SECOND APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- SA No.766 of 1997-G ------------------------------------- Dated 19th July 2010 Judgment The plaintiff in OS No.293/95 before the Munsiff's Court, Thrissur is the appellant in this appeal. The suit was dismissed by the court below, which was confirmed in appeal. 2. The short facts necessary for the disposal of the appeal are as follows : The plaintiff was a life member of the defendant club. According to him, he was enrolled as a life member, after paying Rs.12,000/- as life membership fee. As per Ext.B1 letter dated 29.03.1994, the plaintiff seems to have tendered his resignation from the club. As per Ext.A3 letter, the Secretary of the Club informed him that the resignation has been accepted. Thereafter, the plaintiff came forward with an allegation that being a life member, the clause contained in the bye-laws of the club, relating to SA 766/97 2 resignation, cannot apply to him and he continues to be a member of the club. He sought for a declaration to that effect. 3. The defendant resisted suit, pointing out that the claim put forward by the plaintiff is untenable. He tendered the resignation voluntarily and on his own volition. A member can resign from the club under the provisions of the bye-laws. On the above grounds, they prayed for dismissal of the suit. 4. The Trial Court raised necessary issues for consideration. The evidence consists of the testimony of PW1 and documents marked as Exts.A1 to A6 from the side of the plaintiff. The defendant examined Exts.B1 to B3 and had Exts.B1 to B3 marked. 5. The Trial Court on a consideration of the evidence found that in view of Clause 30 of the Bye-laws, the claim of the plaintiff cannot be accepted. It was also found that the plaintiff had tendered a valid resignation and it was duly accepted also. The Trial Court dismissed the SA 766/97 3 suit. The plaintiff carried the matter in appeal as AS No.244/97 before the District Court, Thrissur. The first Appellate Court independently considered the issues raised in the suit and came to the identical conclusion as that of the Trial Court. The result was that the appeal was also dismissed. It is the said Judgment and decree that are assailed before this Court. 6. The following questions of law are seen raised in this appeal : “A. Whether in law when even in terms of the bye-laws there are different types of membership, can the expression member takes in all categories of members ? B. Whether in law a membership granted for life can be terminated by resignation ? C. Whether the termination of membership takes effect on tendering the resignation or on its acceptance ?” SA 766/97 4 7. The learned counsel for the appellant pointed out that being a life member of the club, even if the plaintiff resigns, he continues to be a member of the club. It was pointed out that he is entitled to the rights of a member and at any rate, he is entitled to seek re-admission. 8. The first of the above contentions cannot be accepted. Clause 30 of the relevant Bye-laws reads as follows : “A member may resign at any time by giving notice to the Secretary in writing, but his liability for amounts due, if any, from him to the club will continue. The Executive Committee may re-admit such a person as a Member on his application in the prescribed form accompanied by a fresh admission fee of Rs.3,000/- if all his dues to the club have been paid.” Clause 4 makes it clear that a life member is also treated as a member of the club. The other provisions also indicate that the term member includes all types of members as SA 766/97 5 well. Therefore, the contention that the term Member in clause 30 does not take in a life member, cannot be accepted. There is no case for the plaintiff that he has not tendered his resignation, nor that there was no acceptance of the resignation. Both the courts below have found that there is a valid resignation tendered by the plaintiff, which was duly accepted by the defendant. The findings of the courts below do not call for any interference by this Court. None of the questions of law raised arise for consideration in this appeal. The appeal is without merits and it is accordingly dismissed, however, reserving the liberty of the plaintiff to seek re-admission in the club after paying the requisite fee for the same as per the bye-laws. P.BHAVADASAN, JUDGE sta SA 766/97 6 SA 766/97 7