AHAMMED BASHEER Vs. SOUTH INDIAN BANK LTD.

JUDGEMENT

(1.) The petitioners, who are owners of a house building situated in 30 Cents of land in Chemmanad Panchayat, state that in the year 2017 the original title deed of the property was entrusted with the 5th respondent and his 6th respondent-wife who were neighbours and immediate relatives of the petitioners. The title deed was not returned and the petitioners were informed that the 4th respondent, who is son of respondents 5 and 6, is in custody of the title deed.

(2.) The petitioners state that on 27/7/2021 they received a notice from the 1st respondent-Bank claiming dues to the tune of Rs.3 Crores. On enquiry, the petitioners learnt that the 4th respondent had obtained a loan of Rs.3 Crores and the title deed of the property of the petitioners was mortgaged as security.

(3.) The signatures of the petitioners were forged in the loan documents. The Bank, however, issued Sec. 13(2) notice and sought to take over possession of the property. The Chief Judicial Magistrate's Court, Kasaragod issued order appointing Advocate Commissioner to take over possession of the property. As per Ext.P2, the Advocate Commissioner reported that possession of the property has been taken. The petitioners filed OP(DRT) No.257/2022. This Court directed the Debts Recovery Tribunal to pass orders on the application moved by the 4th respondent. According to the petitioners, the 4th respondent has played a fraud on the petitioners.