SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(Raj) 1356

K.S.RATHORE
Mahendra Singh – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
Mr. P.K. Sharma, for the Petitioners.
Mr. J.K. Singhi, for the Respondents.

Judgment

K.S. Rathore, J.-The respondent bank granted loan of Rs. 3000/-to Gokul after mortgaging the land measuring 54.12 Bigha. At the time of mortgage in the revenue record, the name of Gokul was recorded as Khatedar. The petitioners purchased the certain part of the said land through registered sale deed on 13.07.1970 after paying consideration of Rs. 10,000/-and possession of the land in dispute was handed over to the petitioner. In the revenue record, name of the petitioners was also recorded.

2. It is averred on behalf of the petitioners that Gokul did not disclose the fact that the land in dispute has been mortgaged with the bank against the loan of Rs. 3,000/-. On 28.05.1976, the respondent bank auctioned the land bearing Khasra No. 955/1.17 and 956/11. The possession of the said land was also taken by the bank and name of the bank was entered in the revenue record. The case of the petitioners is that other land belonging to Gokul has not been auctioned while Gokul has mortgaged the land belonging to various Khasras including Khasras in question.

3. A suit was filed by the petitioner for permanent injunction against the respondent bank and Gokul, Ranjeet, which was decreed






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top