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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
Sree Gokulam Chit And Finance Co.(p) Ltd – Appellant
Versus
Ashok Kumar S/o. Gangadharan Nair – Respondent
ORDER :
The challenge in this Civil Revision Petition is to the order dated 21.12.2019 passed by the Munsiff’s Court, Koyilandy, allowing a petition filed under Section 83 of the Transfer of Property Act, 1882 , directing the petitioners/respondents to receive a sum of Rs.25,000/- with interest and expenses and release the title deed in respect of an immovable property stated to have been mortgaged with the petitioners.
2. The respondent filed the Original Petition and pleaded as follows:-
He is the owner of the landed property comprised in Re- Survey No.46/128 of Kunnathara Village of Koyilandy Taluk. He acquired the said property by virtue of document No.3062/2003 of SRO Chemanchery. He had borrowed a sum of Rs.25,000/- from the petitioners on 21.12.2012 for his business purpose. At the time of borrowal, the immovable property referred to above was offered as security and mortgage deed No.3758/2012 of SRO Chemanchery was registered. The respondent wants to assign the property to a stranger. He approached the petitioners to pay that debt and to get back the title deed. The petitioners did not accede to his request.
3. The respondent filed the Original Petition under Section 83 of the
The trial court exceeded its jurisdiction by deciding the merits of a mortgage redemption case under Section 83 of the Transfer of Property Act instead of merely recording the deposit.
The jurisdiction of the court under Section 83 of the Transfer of Property Act is procedural and ministerial, not to adjudicate disputes on merits, which must be resolved in a properly instituted civ....
A mortgagee's failure to appear in court proceedings implies acceptance of the mortgage amount deposited, and the executing court must consider this in execution proceedings under Section 83 of the T....
The necessity of proving the execution of the memorandum of deposit of title deeds in the specified notified area and the intent to create a security thereon for establishing an equitable mortgage.
The court established that for an equitable mortgage by deposit of title deeds to be valid, the deposit must occur in a notified area as specified in Section 58(f) of the Transfer of Property Act, an....
Valid property transfers require registration, especially when rights are extinguished, and failure to comply renders transactions void.
The court determined that a pre-attachment transfer of property is valid if no evidence demonstrates fraud under Section 53 of the Transfer of Property Act.
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