March, 2011 daughter of law of the plaintiff i.e. the respondent herein had expired, a case was registered against the plaintiff, his wife and his son, as a consequence of which, they all had been taken into custody by the police and in order to contest the case and in order to seek bail, loan had to be taken by the plaintiff and that Smt. Shanti who had earlier given a loan of Rs.60,000/- to the plaintiff, had introduced the plaintiff i.e. the respondent herein to the defendant to the said suit i.e. the petitioner herein and after negotiation, the defendant to the said suit i.e. the petitioner herein had rightly agreed to advance a loan of Rs.2,10,000/- to the plaintiff for a period of 11 months commencing w.e.f.11.05.2011 on interest @ 3% per month payable by cash on the 10th day of each English calendar month and that the defendant i.e. the present petitioner got executed a mortgage deed from the plaintiff in respect of his property bearing No.65/4, Kailash Vihar, Delhi110086 and that the plaintiff i.e. the respondent in the present petition claimed to be the sole, exclusive and absolute owner and submitted further to the effect that in terms of the mortgage deed dated 11.05.2011, it had been agreed therein that in the event of the plaintiff i.e. the respondent in the present petition failing to pay the said loan to the defendant within the stipulated period of 11 months, the defendant i.e. the present petitioner would be entitled to sell, dispose off, transfer the documents of the property in any manner as the defendant liked in order to recover the loan amount and the plaintiff i.e. the respondent herein would raise no objection for the same. It has been further submitted through the plaint by the plaintiff to the said suit i.e. the respondent herein that the plaintiff along with his wife and his son having been taken into custody, continued to remain in custody till CM(M) 878/2018 page no.3 of 5
