EBRAMUSA Vs. INDIAN BANK ASSET RECOVERY MANAGEMENT BRANCH

JUDGEMENT

(1.) The petitioner has filed the present writ petition, for a writ of certiorarified mandamus, calling for the records relating to the impugned order dated 11.07.2017 made in RA(SA)No.41 of 2011 on the file of the Debts Recovery Appellate Tribunal, Chennai, in confirming the order dated 20.12.2010 made in S.A.No.155 of 2010 on the file of the Debts Recovery Tribunal-I, Chennai and to quash the same. Further, the petitioner has prayed for an order of injunction, restraining the respondents or their men or agents or anybody acting through them from in any manner interfering with or in any manner dispossessing the peaceful possession and enjoyment of his property, bearing Door No.49, New No.106, Ramasamy Street, comprised in S.No.3159, VOC Nagar, Block 28, measuring 1.71 sq.ft. pending disposal of this Writ Petition.

(2.) Brief facts leading to the filing of the Writ Petition are that, the property referred above, was originally purchased by Dr.V.Srinivasan from one Gnanandavalli Ammal by way of Sale Deed dated 07.04.1960. The said Srinivasan had expired on 14.09.1979 and his widow Parvathi Srinivasan had expired on 22.02.1991 leaving behind his two sons, namely, Dr.S.Balasubramaniam and S.Swaminathan to succeed their estate. Subsequently, in the family arrangement made between S.Swaminathan and Dr.S.Balasubramaniam, the property in question was allotted to Dr.S.Balasubramaniam along with respondents 2 to 5 herein, he constituted a Hindu Joint Family and was in possession and enjoyment of the said property. According to the petitioner, Dr.S.Balasubramaniam and his 4 children had equal shares, i.e. 1/5th share each in the said property. However, Dr.S.Balasubramaniam died on 29.06.2005 and his wife Suguna had predeceased him on 08.03.1999. Consequent to their death, respondents 2 to 5 became entitled to 1/4th share in the property.

(3.) While at the time when Dr.S.Balasubramaniam was alive, without reference to the respondents 2 to 5, he had mortgaged the said property by depositing title deeds for the loan obtained by the sixth respondent, namely, M/s.G.K.Movie Land, the principal debtor to the first respondent Bank. In other words, he stood as a Guarantor to the loan availed by the sixth respondent. In addition to the above, the seventh respondent had also deposited title deeds of his property with the first respondent Bank as security.