GUN MALLA DEVI RAJGARHIA Vs. CANARA BANK

JUDGEMENT

(1.) This appeal is against an order dated 23rd October, 1998. By this order the plaintiff's/appellant's suit has been dismissed.

(2.) Briefly stated the facts are as follows: The appellant/plaintiff had mortgaged her property bearing No. B-42, Maharani Bagh, New Delhi with the 1st respondent Bank as and by way of guarantee for the dues of one M/s. Venus Paper Mills Limited (respondent No. 2 herein). The said mortgage was for dues under a Term Loan Facility which had been granted to respondent No. 2. The appellant/plaintiff filed this suit for redemption Of mortgage. However, in the suit it was claimed that the appellant was not liable for more than Rs. 24 lacs. In the suit it was claimed that on payment of a sum of Rs. 24 lacs the 1st respondent Bank should be directed to return all the documents of title to the appellant/plaintiff. The learned Single Judge did not accept the case that the liability was restricted to Rs. 24 lacs and dismissed the suit.

(3.) We were also not inclined to accept the case that the liability was restricted to Rs. 24 lacs. Therefore before us Mr. Chandhiok has, on instructions, made a statement that the appellant/plaintiff is willing to redeem the mortgage by paying up the entire amount due under the Term Loan Facility.