BASANTHMAL JAVAAJI Vs. SHREYA NAS NAHAR

JUDGEMENT

(1.) SALE of property under Section 69 of the Transfer of Property Act (for short ?T.P. Act?) lead to number of litigations.

(2.) THE plaintiff, who is the son of Mortgagor has filed the Suit for declaration that the auction sale held on 30.5.2006 in respect of the Suit property is null and void and for permanent injunction restraining the Defendants from taking over possession of the Suit property and other reliefs.

(3.) THE property-House and Ground Bearing New No. 39,Audiappa Naicken Street, Sowcarpet,Chennai-600 079, originally belonged to one Pattas Kaver, who was plaintiffs Grandmother. THE said Pattas Kaver died on 2.2.1988. Pattas Kaver executed a Registered Will dated 30.4.1984, by which, she bequeathed her immovable property in favour of her daughter-in-law viz., plaintiffs Mother. THE plaintiffs Mother and Father Dharamchand Nahar have jointly borrowed a sum of Rs. 40,00,000/- from the first defendant/ Muthialpet Benefit Fund and has executed a Registered Mortgage Deed dated 12.9.1993.