Petitioner sought writ orders to compel respondents to verify Equitable Mortgage Register and return original title deeds. Court held it cannot issue directions when bank alleges pre-1980 records are unavailable and dismissed petition.
Direction to verify register and return title deeds was denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
WP(C) NO. 12895 OF 2021
PETITIONER:
DEEPA ALIAS, AGED 45 YEARS, D/O. LATE P.K. ALIAS, PALAL HOUSE, VADACODE P.O, KANGARAPPADY, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, NOW RESIDING AT MUDAKKOTTIL HOUSE, EZHAKKARANADU SOUTH P.O, PUTHENCRUZ VIA, ERNAKULAM DISTRICT-682 308 BY ADVS. K.C.ELDHO MALLENATHAN.M.
RESPONDENTS:
1 STATE BANK OF INDIA, REPRESENTED BY ITS MANAGING DIRECTOR, STATE BANK BHAVAN, CORPORATE CENTRE, MADAME CAMA ROAD, MUMBAI, MAHARASHTRA-400 021.
2 THE MANAGER, STATE BANK OF INDIA (ERSTWHILE SBT), NORTH KALAMASSERY BRANCH, PREMIER JUNCTION, KALAMASSERY-683 104 3 THE REGIONAL MANAGER, STATE BANK OF INDIA, SBT BHAVAN, REGIONAL OFFICE, PANAMPILLY NAGAR, ERNAKULAM DISTRICT, KERALA-682 037 BY ADVS. T.SETHUMADHAVAN (SR.) FOR SBI JITHESH MENON.M DEEPA NARAYANAN, SENIOR GP PREETHI. P.V. M.V.BALAGOPAL ASHA MARIAM MATHEWS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.12895/2021
2
P.V.KUNHIKRISHNAN, J
W.P.(C)No.12895 of 2021
Dated this the 12th day of November 2021
JUDGMENT
The above writ petition is filed with
following prayers:
“a) Issue a writ of mandamus or any other appropriate writ order of direction compelling the respondents to verify the Equitable Mortgage Register of the 2nd respondent bank branch of the year 19771978 and to trace out the original title deed of Exhibit P1 sale deed No.3700/1977 of SRO Edappally and its prior title deed and hand over the same to the petitioner in the light of the Exhibit P2 judgment within a time limit stipulated by this Hon'ble Court.
b) Issue a writ of mandamus or any other appropriate writ order of direction compelling the respondents to consider Exhibit P3 representation and return the original title deeds of Exhibit P1 and its prior title deed within a time limit stipulated by this Hon'ble court.
c) Grant such other reliefs as this
3
WP(C) NO.12895/2021
Hon'ble Court deem fit to grant in the interest of justice.”
2. According to the petitioner, her
father P.K.Alias mortgaged the property with
the 2nd respondent bank in connection with an
over draft facility. The petitioner wants the original documents back. Hence this writ petition is filed. A statement is filed on
behalf of the 2nd respondent bank. The relevant portion of the statement is
extracted hereunder:
“9. Regarding the verification of the Equitable Mortgage Register maintained by the bank, it is submitted that Equitable Mortgage Register for the year prior to 1980 is not traceable. Therefore the respondent Bank is not in a position to verify from the prior register maintained by the Bank.”
3. In the light of the above statement,
this Court is not in a position to issue any
direction to the respondent bank to return
the mortgage documents. In the light of the
above statement filed by the bank, the
WP(C) NO.12895/2021
petitioner is free to approach the appropriate authority for getting a fresh title deed in accordance to law in situations where the original is permanently missing. The petitioner is free to produce a copy of this judgment before the authority concerned and the authority concerned will do the needful in accordance to law.
Therefore, this writ petition is disposed of accordingly.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
WP(C) NO.12895/2021
5
APPENDIX OF WP(C) 12895/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 3700/1977 OF SRO EDAPPALLY.
EXHIBIT P2 A TRUE COPY OF JUDGMENT IN SUCCESSION OP NO.70/1995 DATED 24.01.1996 OF PRINCIPAL SUB COURT, ERNAKULAM.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 08.04.2021 SUBMITTED BY THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE REPLY NOTICE DATED 29.04.2021 ISSUED ON BEHALF OF THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE SUCCESSION ORIGINAL PETITION VIDE OP NO-70 OF 1995
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the court can compel the bank to verify the Equitable Mortgage Register and return original title deeds when the bank admits records prior to 1980 are not traceable.
Deepa Alias
State Bank of India
The Manager, State Bank of India (Erstwhile SBT), North Kalamassery Branch
The Regional Manager, State Bank of India
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
