Date of
order or
nroceedinz
25.07.2025
DEBTS RECOVERY TRIBUNAL, PATNA
Order with the
Signature of the Court
SA 290 of 2023
ManjuDevi
Vs.
CanaraBank
Ld. counsels for the parties are present. I have heard ld. counselsfor
the parties,
It has been submitted on behalf of the applicant that the applicant is
not the borrower in this case. He is the lesser of the property which has been
subsequently mortgaged to secure the loan taken by the lessee. The clause
in the lease deed was inserted fraudulently. For that the suit is pending
before Civil Court for cancellation of the lease deed. Ld. counsel for the
applicant further submits that the lease cannot be a subject matter of the
mortgage as the lease deed doesn't amount to the title deed. Hence, simply
depositing the lease deed will not amount to the equitable mortgage by
deposit of the title deeds.
The word Title Deed has not been defmed under the Transfer of
Property Act. It is intended to refer the documents creating rights of the
person who is executing on the date. So the lease deed in favor of the
mortgager which authorizes right to mortgage is a Title Deed for that
purposed. So far as the question with regards to the subject matter of the
mortgage the lease can be subject matter of mortgage in view of the section
6 of the Transfer of Property Act and more specifically it is not out of place
to mention here that every right in relation to or annexed with the movable
property is also immovable property itself. Hence, the immovable property
is subject matter of mortgage. Hence, there appears no infirmity at this
stage. So far as the question with regards to the fraudulent inclusion of the
clause authorizing the mortgage the property or rights of the lessee to secure
the loan is concerned, admittedly, for that the dispute is already pending
before the Civil Court which involves the intricate question of law and fact
and can be decided after the detailed evidence on the point. Hence, this
question is not being discussed in this case. At this stage, there appears no
infirmity prima-facie in the SARFAESI Action initiated by the respondent.
Accordingly, the present SA is dismissed.
Order be uploaded on the Tribunal's website.
Office action
taken with
date
Patna (Kaushalendra Yadav)
Presiding Officer