Surya Prakash Kesarwani, J. - (1.) Heard Sri Chandra Shekhar, learned counsel for the petitioners, Sri I. S. Tomar, learned Additional Chief Standing Counsel for respondent Nos.1, 2 and 3 and Sri Rajeev Sharma assisted by Sri Abhishek Sharma, learned counsel for respondent No.4-Bank.
(2.) Briefly stated facts of the present case are that petitioners are uneducated poor farmers. Their father i.e. Sri Rameshwar took agricultural loan of Rs.1,50,000/- for purchase of a tractor on 12.09.2000 from the respondent No.4 U.P. Sarkari Gram Vikas Bank Ltd. Hamirpur, which is a cooperative society registered under the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as 'the Act, 1965'). To secure the aforesaid loan, the father of the petitioners executed a mortgage deed dated 08.09.2000 in favour of the respondent No.4- Bank, whereby he mortgaged his agricultural land of khata Nos.345, 164 and 268. The terms and conditions of the aforesaid mortgage deed dated 08.09.2000 as filed by the respondent No.4 along with counter affidavit dated 22.04.2019, is reproduced below: IMAGE NOT FOUND
(3.) Borrower Rameshwar defaulted in payment of loan. He died on 16.04.2008. The land in question was joint holding of the deceased borrower Rameshwar and some other persons. The mortgage was made by the deceased-borrower Rameshwar of his share in the land. After his death, the names of the petitioners were mutated in the revenue records with respect to the share of their father Rameshwar. Instead of proceeding under the Act, 1965 or to enforce the mortgage deed, the respondent-Bank issued and forwarded to the Collector, Hamirpur against the petitioners (sons of the deceased borrower), a recovery certificate dated 18.06.2013 under Section 95A of the Act, 1965 for recovery of Rs.9,16,501/- including 10% collection charges, as arrears of land revenue. Pursuant to the aforesaid recovery certificate, the petitioner No.1 was arrested by the respondent No.3- Tehsildar, Tehsil Sadar, Hamirpur on 27.02.2019 and was confined in jail for fourteen days from 27.02.2019 to 12.03.2019.;