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
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