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2010 Supreme(Mad) 978

C.NAGAPPAN, T.S.SIVAGNANAM
Kalpesh P. C. Surana – Appellant
Versus
Indian Bank, Teynampet Branch, Chennai – Respondent


Advocates Appeared:
For the Petitioner:S. Raghavan, Advocate.
For the Respondent:Jayesh B. Dolia for M/s. Aiyar & Dolia, Advocates.

Judgment :-

(Order of the Court was made by C. NAGAPPAN, J.)

1. The petitioner has sought for issuance of a writ of mandamus directing the respondent Bank to forbear from bringing the agricultural land described in the schedule, to sale on 27.10.2009 or any other date by invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. The case of the petitioner is that he is the owner of the agricultural land bearing Survey No.131/8 part and Patta No.1015 issued in his name on 30.7.2007 of an extent of 1 acre and 62 cents in Vaikkadu village and he purchased the same under a registered sale deed dated 20.3.1990 and the land is described as agricultural land in the sale deed and Patta No.237 was given to his vendor pursuant to the order dated 5.2.1972 made by the Settlement Tahsildar, Chinglepet under Section 12 of the Tamil Nadu Act No.26 of 1963 and kist has been paid by his vendor as well as by himself and it has been used for agricultural purpose and was given on lease from 19.9.2001 to one Motilal by the petitioner. It is further stated by the petitioner that the respondent Bank granted loan to one S.Sakthive




































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