REHMAN KHAN Vs. REGISTRAR

JUDGEMENT

(1.) She petitioner in this petition challenges the order of distraint of crops and sale of landed property owned by him and mortgaged to the respondent No. 2.

(2.) The petitioner's case is that he borrowed an amount of Rs. 2,000/- from the respon lent on execution of a mortgage deed for landed property measuring 14 kanals 13 marlas in favour of respondent and paid the instalments regularly but on receiving a notice dated 13-10-1972 for payment of balance of Rs 969.l6 in instalment of Rs. 569.48 he approached respondent to pay the instalment towards loan which was not accepted and in turn he was told having drawn loan amount granted in favour of one Shaban Dar deceased and was forced to sign certain papers. Further, the respondent distrained the produce of 27 kanals 10 marlas of land under Khewat No. 61, Khasras No 167, 187 and Khewat No. 58 and 59 comprising Khasra Nos. 605 185 situated at village Heng Baramulla. It is also submitted that the respondent have issued a proclamation for sale of the land short of observing the provisions of law. Further, the loan instalment having become due for more than 12 months from the due date the respondent was not competent to issue orders impugned The sale of the land is illegal as the Board has not served any notice nor heard the objections of the petitioner before authorisation of such sale. The security deed executed by the petitioner does not authorise the Bank to put on sale the land Therefore, this writ petition for quashing the order of distrain and to set aside the order of sale of the laa led property indicated owned by the petitioner.

(3.) The respondents contested the petition having alleged fraudulent drawal of Rs. 3787/- by the petitioner on 4-5-1971 sanctioned in favour of 'Shaban Bhat', on execution of security bond dated 6-1-1972 with further affidavit on 24-4-1973 admitting that he has drawn Rs. 24,267/- in favour of several loanees. The respondent has acquired a title over the land owned by the petitioner after sale of the same, therefore, the writ petition is not maintainable.