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1973 Supreme(Mad) 19

T.RAMAPRASADA RAO
M. Nagarajan – Appellant
Versus
The Tiruchirappalli Co-operative House Construction Society Limited, No. 786, Tiruchy by its Secretary, Tillai Nagar, Tiruchirappalli – Respondent


Advocates:
R. Krishnamurthy and A. R. Lakshmanan, for Petitioner.
K. S. Desikan, K. Raman and T. Sathiadev, Assistant Government Pleader, for Respondents.

Order.-

In each of these petitions a common question arises. It is agreed that the facts in Writ Petition No. 2999 of 1972, may be perused for an appreciation of the facts in the other petition. The petitioner is one of the Board of Directors as well as a member of the Tiruchirappalli Cooperative House Construction Society, Tiruchy. It is not in dispute that the writ petitioner, in both the writ petitions,, was a Director of the Society and, but for the challenged order, would continue in such capacity till September, 1973. The petitioner in. Writ Petition No. 2999 of 1972 borrowed a sum of Rs. 5,835-06 p. and the petitioner in W.P. No. 3002 of 1972 borrowed Rs. 8,000 for constructing a house in the Colony of the Society and, under the terms and by-laws governing the Society as also under the conditions under which the loans were secured, the petitioners were expected to pay the debts in instalments. He paid such instalments ever since the date of the borrowing and the last of such payments made by the writ petitioner in W.P. No. 2999 of 1972 was on 6th April, 1972 and by the other writ petitioner, on 26th May, 1972. When these amounts were received, it was recorded in what is known







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