Allowed

Sneharaj v. the Joint Registrar of Co-Operative Societies

Kerala HC25 Oct 2021WP(C)/11655/2021

Case brief

AI extract

What is this about?

In a writ petition filed by a surety whose property was mortgaged for a now-closed loan, the Kerala High Court directed the return of the title deeds. The Court held that the bank, having no right to retain the documents post-recovery, must release them to the mortgagor.

What did the court decide?

The writ petition is allowed, directing the release of the title deeds to the petitioner as sought.

Sneharaj Vs the Joint Registrar of Co-Operative… — Execution and Attachment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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MONDAY, THE 25^TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943

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WP(C) NO. 11655 OF 2021

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PETITIONER:

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SNEHARAJ,AGED 61 YEARS, S/O.MADHAVAN, KONDIYARA HOUSE, EDAMUTTAM, VALAPPAD, CHAVAKKAD, THRISSUR DISTRICT, PIN-680567.

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BY ADV K.B.PRADEEP

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RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KERALA, CHEMBUKAVU, THRISSUR, PIN-680020.

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2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),GOVERNMENT OF KERALA, IRINJALAKUDA, THRISSUR, PIN-680121.

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3 THE KATTUR CO-OPERATIVE SOCIETY LTD.,NO.426, KATTOOR P.O., THRISSUR, PIN-680702, REPRESENTED BY ITS SECRETARY.

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4 JOSHI M.S, S/O.SUBRAMANIAN, MADAMBIKATTIL, ILLIKAD, THRISSUR DISTRICT, PIN-680702.

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BY ADV V.BINOY RAM GP SMT.MABLE C KURIAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.11655 OF 2021

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JUDGMENT

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The 4^th respondent in the writ petition availed a

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loan from the 3^rd respondent Bank. The petitioner stood as surety for the transaction. Immovable property belonging to the petitioner was mortgaged to secure the loan. The 4^th respondent – borrower defaulted in repayment. The petitioner was thus necessitated to close the loan account. In spite of the fact that the loan account has been closed, the title deeds relating to the property is not being released/returned, is the grievance of the petitioner.

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The 4^th respondent has entered appearance and has filed a counter affidavit.

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Though the affidavit mentions about various

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disputes between the petitioner and 4^th respondent, they being irrelevant for consideration of the

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present issue, are not being adverted to. The fact that the loan account in question has been closed, is not disputed. Though notice was served on the 3^rd

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W.P(C) NO.11655 OF 2021

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respondent bank, there is no appearance.

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The petitioner has produced Ext P5

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communication dated 03.08.2021 issued by the Bank to the 1^st respondent wherein, opinion has been sought for from the 1^st respondent regarding return of the

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title deed of the petitioner. In Ext P5

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communication the Bank has categorically stated that the loan account in question has been closed. The

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reason for non-return of the title deed to the petitioner, as is stated in Ext P5 is that, the normal practice of the Bank is to return it to the borrower and that in the instant case the borrower

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refuses to take it back.

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Undisputedly the petitioner is the owner of

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the property and who created equitable mortgage in favour of the Bank. In terms of Section 60 of the Transfer of Property Act, 1882, the mortgagor has the right to have the title deeds delivered back to

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him on satisfaction of the mortgage debt.

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As noticed, it is the requirement of law that

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the title deed be released to the

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W.P(C) NO.11655 OF 2021

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petitioner/mortgagor on closure of the loan. The Bank has no right to retain the same. There is no reason why the 3^rd respondent shall not be appraised of the position of law as afore, by the 1^st respondent. Let the needful be done to have the title deeds released to the petitioner as sought for in the writ petition.

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The writ petition is allowed as above.

Sd/-

SATHISH NINAN

JUDGE

vdv

W.P(C) NO.11655 OF 2021

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APPENDIX OF WP(C) 11655/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE SALE DEED DATED 29.09.1999 OF SRO, TRIPRAYAR. Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 28.04.2021 TO THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 28.04.2021 TO THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 28.04.2021 TO THE 3RD RESPONDENT.

Sneharaj v. the Joint Registrar of Co-Operative Societies

Case brief

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Sneharaj v. the Joint Registrar of Co-Operative Societies

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