Advocates:
['M/S T SUNDAR RAJAN', '', 'BHARGAVI SUNDAR RAJAN', 'COURT NOTICE', '', '', 'V K BALAJI S/O V K KARNAN', 'M/S J SRINIVASAMOHAN', 'T V SATHYANATHAN', 'FOR SOLE RESPT', 'VAKALAT RETURNED']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:5.7.2013

Coram

The Honourable Mr.Justice G.RAJASURIA

S.A.No.302 of 2013

and

M.P.No.1 of 2013

1.Indian Bank Circle Office,

No.4, Bharathi Road,

Cuddalore,rep.by its

Chief Manager.

2.Indian Bank Main Branch,

Chidambaram, Rep.by its

Branch Manager.

... Appellants/Defendants

vs.

V.K.Balaji

... Respondent/Plaintiff

This second appeal filed under section 100 C.P.C. is directed

against the judgment and decree dated 08.02.2012 passed by the

Subordinate Court of Chidambaram, in A.S.No.42 of 2011, in reversing

the judgment and decree dated 3.11.2011 passed by the Principal

District Munsif Court, Chidambaram, in O.S.No.35 of 2009.

For Appellants : Mr.T.Sundar Rajan

For Respondent : Mr.J.Srinivasamohan

JUDGMENT

This Second appeal is focussed by the defendants animadverting

upon the judgment and decree dated 08.02.2012 passed by the

Subordinate Court of Chidambaram, in A.S.No.42 of 2011, in reversing

the judgment and decree dated 3.11.2011 passed by the Principal

District Munsif Court, Chidambaram, in O.S.No.35 of 2009, which was

one for permanent injunction.

2.The parties are referred to hereunder according to their

litigative status and ranking before the trial Court.

3.Compendiously and concisely, the germane facts as stood

uncurtained and unveiled, which are absolutely necessary for the

disposal of this Second Appeal, would run thus:

https://hcservices.ecourts.gov.in/hcservices/

(i)The respondent herein, as plaintiff filed the suit seeking

the following relief:

"to pass a decree for permanent injunction in favour

of the plaintiff and thereby restrain the defendants and

persons claiming under them from in any manner interfering

with the plaintiff's peaceful possession and enjoyment of

the suit property."

(extracted as such)

(b)The warp and woof of the averments as set out in the plaint

would run thus:

(i)The immovable property, viz., the residential unit, described

in the schedule of the plaint was taken on lease by the plaintiff on

14.12.2006 from one N.Ramanathan and a sum of Rs.1,10,000/- was paid

as advance by the former in favour of the latter.

(ii)The agreement which emerged between them was to the effect

that the Government rate of interest that might accrue on the said

sum of Rs.1,10,000/-(rupees one lakh ten thousand) should be treated

as monthly rent by the landlord. Under such arrangement, as a

lessee, the plaintiff is in possession and enjoyment of the suit

property.

(iii)The plaintiff sometime before the filing of this suit came

to understand that the said Ramanathan mortgaged the suit property in

favour of the defendant bank and availed loan. The bank, took steps

to bring the suit property for sale and accordingly the sale also was

effected on 25.3.2009. The bank officials visited the suit property

and demanded the father of the plaintiff who was there, to vacate it

immediately. Whereupon the suit was come to be filed seeking the

aforesaid prayers.

(c)Per contra, in a bid to torpedo and pulverise the averments

as found set out in the plaint, the second defendant filed the

written statement; the gist and kernel of the same would run thus:

(i)The averments as found set out in the plaint are false and

frivolous and fraught with falsity and mendacity. The said

Ramanadhan referred to in the plaint availed home loan on 27.10.1998

from D2 and created a mortgage by deposit of title deeds by way of

securing the prompt repayment of the said loan amount of

Rs.7,65,000.00(rupees seven lakhs sixty five thousand). Inasmuch as

there was no discharge of the loan, under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act' for

short) the bank took steps and the suit property was taken possession

on 19.9.2008 and steps were taken to sell