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    Manju Devi v. CANARA BANK

    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

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    Comments

    Manju Devi v. CANARA BANK
    (Jul 25, 2025)