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C. SARAVANAN
S. Senthil Kumar – Appellant
Versus
Thiruvalluvar Transport Corporation Employees Co-operative Credit Society, Represented by its Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of the seventh respondent in impugned sale notice dated nil and quash the same and consequently direct the first respondent to return the petitioner's original sale deed pledged with the first respondent society.)
1. This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records of the seventh respondent relating to the impugned sale notice dated nil and quash the same and consequently direct the first respondent to return petitioner's original Sale Deed pledged with the first respondent society.
2. The petitioner joined as a Clerk in the respondent Society on 04.06.2003. In 2010, the petitioner pledged his property comprised in S.No.496 of Mugappair Village, bearing Plot No.6/486, J.J.Nagar West, Mogappair, Chennai – 600 037, for a sum of Rs.8,00,000/- towards Employees Housing Building Loan. It appears that the petitioner repaid a sum of Rs.6,75,000/- during the period from 03.08.2010 to 31.10.2017 as monthly instalments and thereafter, defaulted in repayment of balance amount.
3.
The court emphasized the need to confirm the status of disputed documents before issuing a positive direction.
Court enforces bank's assurance to retrieve and return original sale deed from DRT to property purchaser.
Borrower entitled to mortgaged document release post-loan repayment; lender may pursue recovery separately.
The court emphasized the responsibility of the second respondent to release mortgage documents for which loan amounts have been repaid by members, despite the lack of privity of contract.
A borrower is entitled to the return of mortgaged documents upon full payment of the loan amount, reinforcing the legal obligation of lenders to return such documents.
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