ANGAMMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE prayer in all these writ petitions is to declare Section 69 of the Transfer of Property Act, 1892 as unconstitutional and ultra vires on the premise that Sec'tion 69 of the Transfer of Property Act is very drastic in nature and places the bonafide mortgagors having real defence in a very disadvantageous and helpless position and gives wide power to the mortgagee. THEre is no restriction or rem'edy provided for abuse or misuse of the provision. THE said provision is inconsis'tent with part III of the Constitution of In'dia as it violates the fundamental and basic right of mortgagor to question the validity of improper and illegal sale of the mortgaged property. THEre is no safe-guard or remedy provided in the Act against the misuse and abuse. THEre are no rules or procedure prescribed under Section 69 of the Transfer of Property Act and there is vested unchecked and unlim'ited power on the mortgagee against the principles of natural justice.

(2.) THE issue involved in these writ petitions is no more a res integra. Exactly the very same grounds of attack now ad'vanced have been considered by this Court as early as half a century before in the case of V. Narasimhachariar Vs. Egmore Benefit Society, 3rd Branch Limited reported in AIR 1955 Madras 135 = (1954) 67 L.W.1147 and upheld the validity of Section 69 of the Transfer of Property Act. While rejecting the contentions, this Court has taken into consideration al-most all the earlier judgments of this Court as well as the other High Courts, United States and other Courts and held thus: