- (1.) Leave granted.
(2.) Interpretation and application of Section 29 of the State Financial Corporations Act, 1951 (for short "the Act") is the core question involved herein.
(3.) Before, however, adverting to the said question, we may notice the basic factual matrix of the matter. Appellant No. 1 is a partnership firm. It was constituted in the year 1973. It established a factory at Kadrabad in the town of Modi Nagar, U.P. A loan of Rs. 3.96 lakhs was applied for but a sum of Rs. 3.14 lakhs was sanctioned in 1974. Appellant No. 1 was in possession of 1100 sq. yards in Khasra Plot No. 397M, Khata No. 80 situated in Village Kadrabad Pargana Jalalabad. The factory is situated on a land measuring 800 sq. yards. The schedule of the land which was the subject matter of mortgage in favour of the respondent - Corporation reads as under: "All that piece or parcel of land measuring 800 sq. yards out of Seven Biswas and Five Bigamain, bearing Khasra plot number 397 M Khata No. 80, situate in village Eadarkad, Pargana, Jalalabad, tehsil Ghaziabad district Meerut and bounded: On the North by: remaining land of Khasra No. 397 F, On the South by: remaining land of owned by Gur Charan Jit Kaur of Khasra No. 397 M On the east by: D.K. Road On the west by: Land belonging to other persons." Appellant was furthermore granted loan for a sum of Rs.1.51 lakhs as also for a sum of Rs.3,19,800/- during the period 1977-79. According to the appellant, although a substantial part of the loan had been repaid, a sum of Rs.3,19,800/- is still owing and due to the respondent. It has been contended that the mortgaged land admeasuring 800 sq. yards continued to be the security for the said loans. The industrial unit of the appellant, however, became sick. Efforts to revive the said unit failed. It was contended that the respondent Corporation acknowledged that out of an area of 1350 sq. yards which was in possession of the appellant, only 800 sq. yards was mortgaged in its favour, wherefor a demand for demarcation was made by it in terms of a letter dated 17.07.1990, stating: "The actual area of land belonging to your unit at present is around 1350 sq. yards approx. So, therefore, it could not be indentified which portion of land has been mortgaged to the Corporation. In the absence of the demarcating of land mortgaged to the Corporation, we may not be in a position to evaluate the assets mortgaged at site. Keeping in view of this, you are hereby advised to submit the following papers for clarification/ indentification for the plot mortgaged to the Corporation so that we may take action at our end.";