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2003 Supreme(Mad) 549

K.GNANAPRAKASAM
N. Janardhanam (deceased) & Others – Appellant
Versus
Tiruchirapalli Cooperative Building Society Limited & Another – Respondent


Advocates Appeared:For the Petitioner:Mr. T.R.Rajagopalan, SC. For the Respondents:Mr.M.V.Venkataseshan, Advocate.

Judgment :-

1.The plaintiff is the appellant.

2.The plaintiff's suit is one for permanent injunction.

3.The plaintiff's case is that the suit property originally belonged to one Rajamani Devadoss, who had mortgaged the same to the 1st defendant and he having defaulted to discharge the mortgage debt, the 1st defendant took steps for realisation of the amount, under the Tamil Nadu Cooperative Societies Act to pass an award in ARC.No.139/1970-71 and an award was passed on 23.8.1971. Pursuant to the same, EP.No.24/1972-73 was filed before the Regional Deputy Registrar of Cooperative Societies (Housing) Cuddalore and the property was brought to sale in public auction and the plaintiff purchased the property in the public auction held on 24.1.1974. The plaintiff filed EA.No.1317/1975 on the file of the District Munsif Court, Trichy and took possession of the property through court on 5.11.1975. After taking possession, he made improvements at heavy cost. As such, the plaintiff is the bonafide purchaser of the property for value. While so, the plaintiff received a phone message from the 1st defendant, stating that the 2nd defendant, viz. the Official Receiver, Trichy is bringing the propert

























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