TNU.TIRUPATHI Vs. INDIA BULLS HOUSING FINANCE LTD

JUDGEMENT

(1.) The petitioners Mr.TNU Tirupathi, S/o Ulaganathan Nadar, TNU Yuvarajan, S/o Ulaganathan Nadar and S. Indra, D/o Ulaganathan Nadar have filed the writ petition before this Court under Article 226 of the Constitution of India aggrieved by the Order dated 10.10.2017 in RA (SA) No .32 of 2015 passed by the Debts Recovery Appellate Tribunal, Chennai.

(2.) The claim of the petitioners is that they are neither borrowers nor guarantors of the respondent Financial Institution viz., M/s India Bulls Housing Finance Limited, the assignee of M/s India Bulls Housing Finance Limited, from whom, a loan is said to have been obtained in the year 2008 by Mrs.Velammal, W/o Late Ulaganathan, who is the first respondent before the Debts Recovery Appellate Tribunal and who died on 25.06.2014. She had mortgaged the original title deed of the entire property in question viz., undivided half share and interest in the land and building bearing New Door No.18, (Old No.5), Shivaji Street, Thyagaraya Nagar, Madras -17 (including the well and the two out-houses). The petitioners, Ms.N. Vijaya, W/o late TNU Nagarajan and Mr.N. Srinivasan, S/o late TNU Nagarajan and the first respondent before the Tribunal viz., Mrs.Vellammal executed a personal guarantee in favour of the Respondent-Financial Institution.

(3.) The claim of the petitioners before the Debts Recovery Appellate Tribunal as well as before this Court is that they had 1/10 th share of the undivided property belonging to their father late TNU Ulaganathan Nadar and the partition suit has already now been instituted by the present writ petitioner Mr.TNU Tirupathi (1st petitioner) and others in O.S.No.2596 of 2019 and the same is pending on the file of XVI Additional City Civil Court, Chennai.