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2007 Supreme(Ker) 90

P.R.RAMAN
Kaduthuruthy Urban Co-op. Bank Ltd. – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Petitioner is a Co-operative Bank registered under the Kerala Co-operative Societies Act, doing business in Kottayam District.

2. According to the petitioner, Respondents 5 to 11 are the legal heirs of Late Sri. Karunakaran, Kunnumchirayill, Muttuchira, who died on 4.7.1992. Sri. Karunakaran and his son Shiju, the 7th respondent had availed three business loans from the petitioner Bank on 9-6-1992 and as security for the said loans, it is stated that they executed a mortgage deed Nos. 1408/1992, 1409 & 2002. After the death of Karunakaran, his legal representatives - Respondents 5 to 11 availed three other loans which were secured as per registered mortgage deed Nos.659, 660 and 661/1995, executed on 22-2-1995. While accepting the mortgage, they verified the registers of the sub registry by taking out the encumbrance certificate and found that the only mortgages in their favour hank was the existing liability. In connection with the above loan transaction, title deeds pertaining to 1 Acre and 50 cents of land comprised in Sy.Nos.871/5 and 871/4 covered by Sale deed No.878/1968 of S.R.O., Kaduthuruthy standing in the name of Late Karunakaran was deposited with the petitio
























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