RATAN Vs. AJMER CENTRAL CO OPERATIVE BANK

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 5-7-2004 passed by the learned single Judge in S. B. Civil Writ Petition No. 3770/04 which had been filed by the petitioner/appellant herein for quashing the auction purchase of the land which had been mortgageed by the deceased-debtor-Abhay Raj in favour of the respondent-Bank-Ajmer Co-operative Bank ltd. for securing a loan of Rs. 3 lacs for purchase of a canter.

(2.) THE writ petition was dismissed by the learned single Judge upholding the auction proceeding and auction purchase but a liberty was left to the petitioner to file a representation before the Bank.

(3.) IN order to appreciate the controversy which has led to the filing of this appeal, it may be stated that the cousins of the petitioner/appellant herein had executed a power of attorney in favour of his deceased-cousin brother Abhay Raj for obtaining a loan of Rs. 3 lacs from the respondent-Bank who had mortgaged Khasra No. 3495 measuring 6 bighas 15 biswas and Khasra No. 3507 measuring 19 bighas 8 biswas of land situated at village Masuda in the District of ajmer. The appellant herein also had a share in the land which had been mortgaged to the Bank by other coparceners. It could be noticed that the principal debtor-Abhay Raj, during his lifetime, had already paid more than a sum of Rs. 3 lacs to the respondent-Bank towards discharge of the loan amount, which had been advanced to him but the respondent-Bank had further raised a demand from the deceased Abhay Raj during his lifetime towards interest which according to the respondent-Bank is Rs. 6. 70 lacs. A controversy, therefore, arose between the parties as to how much amount is payable to the Bank towards interest. Unfortunately, the principal debtor Abhay Raj died, before settlement of this dispute, on 17-7-2001 and thereafter the respondent-Bank initiated a proceeding for auction of the land measuring 26 bighas which had been mortgaged by the deceased Abhay Raj to the Bank towards the loan of Rs. 3 lacs which had been advanced to him and had also been repaid to the Bank as already stated.