1971 (10) TMI 107 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of mortgage deed and rights of mortgagee.
2. Priority of department's claim over mortgage debt.

Analysis:

1. Interpretation of mortgage deed and rights of mortgagee:
The case involved a dispute arising from a mortgage deed executed by a company in favor of the Industrial Finance Corporation of India (the corporation). The corporation sanctioned a loan to the company, and a mortgage was created as security. The mortgage was an English mortgage under section 58 of the Transfer of Property Act. The key issue was whether the mortgage deed transferred all rights and interests in the property to the corporation, leaving the company with only the equity of redemption. The court analyzed the clauses of the mortgage deed, emphasizing that the deed conveyed the entire property to the corporation, subject to a right of reconveyance upon repayment by the company. The court referred to legal precedents, including the Privy Council's decision, to establish that under Indian law, a mortgagor does not transfer an absolute interest to the mortgagee. Ultimately, the court held that the mortgagee rights vested in the corporation, and the company retained only the equity of redemption.

2. Priority of department's claim over mortgage debt:
The dispute also revolved around the priority of the department's claim, under the Punjab General Sales Tax Act and the Punjab Land Revenue Act, over the mortgage debt owed to the corporation. The department had taken action to recover arrears of sales tax by distraining and attaching the company's property. The court examined the relevant provisions of the Acts and highlighted that the department could proceed against the movable or immovable property of the defaulter. However, it emphasized that in the case of a mortgage, the department could only proceed against the equity of redemption, not the property's entirety. The court cited legal precedents, including a Supreme Court decision, to establish that secured creditors, such as the corporation in this case, have priority over government dues recoverable as arrears of land revenue. The court ruled in favor of the corporation, holding that the department had no priority over the mortgage debt and that the costs of the appeal would be borne by the respondents due to the department's erroneous position on priority.

In conclusion, the judgment clarified the interpretation of the mortgage deed, affirming the rights of the mortgagee and the equity of redemption held by the company. It also established the priority of the corporation's mortgage debt over the department's claim, providing a comprehensive analysis of relevant legal provisions and precedents to support its decision.