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TMI Blog2012 (10) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... sent appeals. 4. A term loan of Rs. 4.55 lacs was sanctioned by the UPFC to one M/s. Sangam Ice Cream (hereinafter shall be referred to as the borrower), a proprietorship concern owned by one, Smt. Nisha Devi Jaiswal. To secure the repayment of the aforesaid loan together with the interest due thereon, the borrower had created an equitable mortgage, by deposit of title deeds, of land measuring 192.34 sq. meter or 0.048 acres bearing Khasra No. 496 along with the constructions standing thereon located at Mauza Niranjanpur, Pargana Kendriya Doon Tehsil and District Dehradun. 5. After sanction of the aforesaid loan, the borrower availed a part thereof but defaulted in payment of the installments due. As such default became chronic and persis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resaid advertisement dated 01.11.2002 published in the "Dainik Jagaran". Therefore on 31.12.2002, the Corporation accorded its approval for the sale of the land in favour of Shri Pradeep Kumar Sharma and on 14.01.2003, a deposit of another sum of Rs. 1.75 lacs was made by the aforesaid Pradeep Kumar Sharma. On 27.02.2003, the balance amount of the offered price i.e. Rs. 2.25 lacs was tendered to the Corporation. 7. While the matter was so situated, Vishnu Dutt Sharma who had purchased the property by the sale deed dated 29.08.2001 instituted a suit, i.e. O.S. 75/2003 contending that on 06.02.2003, while he and his family members were away, possession of the property in question was taken over by the Corporation. Restoration of possession w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PFC as well as by the purchaser i.e. the fifth respondent, Pradeep Kumar Sharma. The Corporation had taken a specific stand before the High Court that the sale in favour of fifth respondent was finalized by the Corporation and the entire offered price was tendered by the fifth respondent. The Corporation had also contended that the property being subject to an equitable mortgage by deposit of title deeds could not have been validly transferred by the mortgager/ original owner i.e. Nisha Devi Jaiswal to the third and fourth respondents in the Writ Petition and in turn the said respondents could not have transferred the property in favour of the fifth respondent so long as the mortgage subsisted. 10. Thereafter, by the impugned final order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le by the Corporation, the original owner, Smt. Nisha Devi Jaiswal had sold the same to the third and fourth respondents, who, in turn, had sold the same to the writ petitioner by sale deed dated 29.08.2001. The aforesaid sale by the original owners to the vendors of the writ petitioner and, thereafter, by said vendors to the petitioner himself was made when the property stood mortgaged in favour of the UPFC. It is in the above circumstances, that the writ petitioner had approached the High court seeking interference with the sale of the property made in favour of the fifth respondent pursuant to the advertisement dated 20.10.2002 issued by the UPFC and further for transfer of the property in favour of the writ petitioner besides restoratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strengthen which, the offer covered by the interim order of the High Court dated 28.05.2003 was made by the writ petitioner. 15. The issues raised by the writ petitioner before the High court really pertained to the claim of better title of the writ petitioner to the property in question on the basis of the sale deed dated 29.08.2001. The validity of the sale deed dated 29.08.2001 executed in favour of the writ petitioner by his vendors during the subsistence of the mortgage in favour of the Corporation and the rights of the fifth respondent to the said property on the basis of the sale made in his favour by the Corporation pursuant to the advertisement dated 20.10.2002 are the issues that arose in the Writ Petition. Broad and expansive th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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