directly to the creditor after completing the formalities of the registration in the records. It is interesting to note that on 03/01/2006 Appellants had addressed the Sub-Registrar, Kodinar regarding the status of the sale deed enquiring whether the same was sent to the creditor or not. To this, the Sub-Registrar sent a reply on 21/11/2008 informing that the sale deed bearing registration No. 648 dated 08/05/1997 has been handed over to the State Bank of Saurashtra, Kodinar branch officer. Thereafter, the Appellant had addressed the State Bank of India, Kodinar branch, Junagadh requesting them to hand over the title deed pertaining to the subject property to them in view of the assignment of the debt. However, the State Bank of India intimated to them that as per the branch records, Sale Deed No. 648 pertaining to the subject property was handed over to Shri N.R. Vaghela on his demand on 16/05/2005. The decision of the Madras High Court is, therefore, of no help to the Appellant because in the instant case, there is no dispute that a valid mortgage by deposit of title deeds was created by the original mortgagor. But the circumstances under which he regained possession of the title deed is a question to be answered. The creditor’s assignor had admittedly handed over the title deed to the mortgagor. And in a consequence, the mortgagor assigned the property to the original Respondent. No explanation whatsoever is forthcoming. The original Respondent has purchased the subject property from his predecessor-in-interest, bona fide on payment of consideration. He was also in possession of the subject property. The Ld. PO had relied upon the decision of the Hon’ble Delhi High Court in Mandakini Hule vs. Lachman Jiwnani AIR 2007 Del 279 wherein it is held thus:
