P.THANGAVEL
The Nazareth Cooperative Building Society Limited – Appellant
Versus
Kanakaraj (died) & Others – Respondent
The plaintiff as appellant has come forward with this Second Appeal against the judgment and decree dated 31.3.1992 and made in A.S. No. 99 of 1989 on the file of the learned II Additional District Judge, Tirunelveli, confirming the judgment and decree dated 21.4.1989 and made in O.S. No. 264 of 1983 on the file of the learned Subordinate Judge, Tuticorin.
2. The facts that are necessary for disposal of this Second Appeal are as follows: The property described in the plaint belonged to the defendant and the said house was constructed by him by borrowing loan from the plaintiff Society. The defendant had defaulted to repay the loan amount and, therefore, the suit property was brought to sale in public auction by the plaintiff Society as per the Award passed by the defendant under the Tamil Nadu Co-operative Societies Act and Rules, 1983. The property was sold in auction on 30.9.1977 and the sale was confirmed in favour of the plaintiff Society on 20.5.1978. The plaintiff has taken possession of the said house as owner thereof while one Abdul Muthalif was in possession of the property as tenant on a monthly rent of Rs.50/-. The plaintiff filed a suit in O.S. No. 688 of 197
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