S.N.D.P. Sakhayogam vs Kerala Atmavidya Sangham

3) The appellant herein is defendant No. 1 whereas respondent No. 1 is the plaintiff. So far as respondent Nos. 2 to 8 are concerned, they were made parties in appeal as legal representatives of original defendant No. 2, who died pending this appeal but later by order dated 14.01.2009 their names were deleted from the array of the parties. They are, therefore, no longer parties to the lis arising in the case.

5) The appellant (defendant no 1) is alleged to be another body of persons known as "Panoor 47 Atma Vidya Sabha" having their place of working at a place called "Panoor" in the State of Kerala whereas defendant No. 2 was one Kunju Panikan Narayanan (since dead). He was alleged to be President of defendant No. 1 (appellant).

8) It was, inter alia, averred in the plaint that respondent No. 1 (plaintiff) had purchased the suit land by registered sale deed (Document No.2904) in the year 1951 for running their charitable activities through defendant No. 1 which, according to them, was their branch of which defendant No. 2 was the President at all relevant time. It was alleged that the suit land was purchased by respondent No. 1 being 4 the parent organization in the name of the appellant (defendant No. 1) through defendant No. 2. It was alleged that since the appellant (defendant No. 1), after some time had stopped their activities due to some reasons, all the properties stood in the name of the appellant (defendant No. 1) was merged as provided in the bye-laws with respondent No. 1(plaintiff), i.e., parent body. It was alleged that defendant No. 2, who claimed to be the President of defendant No.1, had no right, title and interest nor had any authority to sell the suit land to anyone much less to defendant No. 1 vide sale deed dated 09.02.1978. On these averments, the suit was filed seeking declaration in the reliefs.

11) The Trial Court, by judgment/decree dated 21.08.1980 dismissed the suit. The plaintiff, felt 6 aggrieved, filed first appeal being A.S. No.77 of 1981 before the Additional District Judge, Mavelikkara. The first Appellate Court, by judgment/decree dated 02.09.1986, dismissed the appeal and affirmed the judgment/decree of the Trial Court. The plaintiff, felt aggrieved, filed Second Appeal being S.A. No.299 of 1987 before the High Court.

12) By judgment/decree dated 29.05.1995, the High Court allowed the appeal and decreed the suit.

14) On remand, the High Court framed three substantial questions and, by impugned order 27.01.2005, again allowed the appeal and decreed the plaintiff's suit. Against this order, defendant No. 1 felt aggrieved and filed this appeal by way of special leave before this Court.

24) In the light of foregoing discussion, the appeal succeeds and is allowed. Impugned order, judgment/decree passed by the first Appellate Court and the Trial Court are set aside.

25) The suit is restored to its file for trial to answer the aforementioned issues and then decide it in accordance with law.

26) We have not expressed any opinion on any of the issues on their respective merits, therefore, the Trial Court would decide the issues uninfluenced by any of our observations made herein.

……..................................J. [ABHAY MANOHAR SAPRE] New Delhi;

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