Madras High Court
Rajmohan vs Thiruvarur Kannada Sainigar on 23 November, 2021
CRP.(PD).No.419/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
CRP.(PD).No.419/2019 & CMP.No.2815/2019
[Video Conferencing]
Rajmohan .. Petitioner
Vs.
Thiruvarur Kannada Sainigar
Samooga Nala Munnetra Sangam
rep. By its President
Mr.Thiyagarajan
S/o. Venkatachalam
Having office at
No.60, I.B. Koil South Street,
Thiruvarur Taluk,
Thiruvarur District. .. Respondent
Prayer:- Civil Revision Petition filed under Article 227 of the Constitution
of India to set aside the Order and Decreetal Order dated 21.12.2018 made
in I.A.No.510/2018 in O.S.No.130/2016 on the file of the learned District
Munsif Court, Thiruvarur.
For Petitioner : Mr.S.Kingston Jerold
For Respondent : Mr.N.Palanivel
ORDER
(1) This Civil Revision Petition is directed against the order passed by
the learned District Munsif Court, Thiruvarur in I.A.No.510/2018
CRP.(PD).No.419/2019
in O.S.No.130/2016.
(2) The revision petitioner is the defendant in the Suit in
O.S.No.130/2016 on the file of the learned District Munsif Court,
Thiruvarur. The Suit was filed by the respondent/plaintiff for
permanent injunction restraining the revision petitioner/defendant
from interfering with the peaceful possession and enjoyment of the
Suit property by the respondent/plaintiff. The Suit property is
described as an extent of 5964.6 sq.ft., comprised in four different
survery numbers viz., T.S.No.2020/3, T.S.No.2043, T.S.No.2048 in
Thiruvarur Town.
(3) In the written statement, the main contention raised by the revision
petitioner/defendant is that the District Munsif Court has no
jurisdiction to entertain the Suit in O.S.No.130/2016 under Tamil
Nadu Societies Registration Act, 1975. Since, under Section 2 of
the Act, 'Court' means City Civil Court “and elsewhere the District
Court”, it is submitted that the Suit in O.S.No.130/2016 having
been filed before the District Munsif Court cannot be entertained.
The defendant filed an application in I.A.No.510/2008 to frame
preliminary issue, whether the District Munsif Court, Thiruvarur
CRP.(PD).No.419/2019
has jurisdiction to tie the Suit.
(4) The Interlocutory Application filed before the District Munsif
Court was dismissed holding that the issue arise before the City
Civil Court is not relating to any internal dispute regarding
administration of the society but about the infringement of its right
by an individual. Since, the injury is alleged by the society itself,
the Lower Court was of the view that the application before the
City Civil Court for enforcement of civil right can be maintained
depends upon the pecuniary or territorial jurisdiction and not by
reference to the definition of Court under Tamil Nadu Societies
Registration Act, 1975.
(5) The Lower Court also relied upon a few judgments of this Court to
hold that the Suit in O.S.No.130/2016 cannot be dismissed on the
ground that the District Munsif Court has no jurisdiction under the
Tamil Nadu Societies Registration Act, 1975. Aggrieved by the
order of the learned District Munsif Court, Thiruvarur the
defendant has preferred the above Civil Revision Petition.
(6) Learned counsel appearing for the revision petitioner/defendant
submits that Section 2 of the the Tamil Nadu Societies
CRP.(PD).No.419/2019
Registration Act, 1975 defines the word 'Court' as“a Court means,
in the Presidency town, the City Civil Court and elsewhere, the
District Court”. The appellate power of Court is dealt with under
the provision of Section 45 under the said Act which empowers
the liquidator to exercise certain powers and to pass orders. Any
person aggrieved by an order passed by the liquidator may
appealing to the Court under Section 45 of the Tamil Nadu
Societies Registration Act, 1975. The word 'Court' is not used for
limiting the jurisdiction of Civil Court to decide any other Suit
arises to seek common law remedy.
(7) Therefore the word “Court” employed under the provision of
Section 45 should mean the “District Court”. As it was pointed out
by the Trial Court, the society came forward by alleging the
definite cause of action against an individual for causing injury to
its civil right.
(8) The Suit in O.S.No.130/2016 has to be laid in terms of the
provision of C.P.C., according to which, the location and value of
Suit property will be taken note of for deciding its territorial and
the pecuniary jurisdiction the Suit filed by the
CRP.(PD).No.419/2019
respondent/plaintiff. The Suit has been rightly presented before the
District Munsif, Thiruvarur. It is not in dispute that the Suit
property in O.S.No.130/2016 lies within the jurisdiction of the
District Munsif Court, Thiruvarur and the learned District Munsif
Court is competent having regard to the valuation of the property.
The Suit in O.S.No.130/2016 which was filed in 2016 has now
been successfully dragged by filing a petition in 2018 raising an
issue regarding the jurisdiction of this Court. The objection with
regard to the jurisdiction of the City Civil Court is unwarranted in
this case. Since, the vexatious application has delayed the judicial
process for considerable time, this Court is of the view the revision
petitioner/defendant is liable to pay the cost of Rs.1000/-.
(9) In the result, the Civil Revision Petition is dismissed with a cost
of Rs.1000/-[Rupees One Thousand only]. Consequently,
connected Civil Miscellaneous Petition is closed.
23.11.2021
cda
Internet : Yes
To
1.The District Munsif Court, Thiruvarur.
CRP.(PD).No.419/2019
S.S.SUNDAR, J.,
cda
CRP.(PD).No.419/2019
23.11.2021
https://www.mhc.tn.gov.in/judis 6
