- (1.) The legality of the order dated 03.06.2013 passed in W.P. 14854(W) of 2013 by the Single Bench has been questioned. The appellant/petitioner filed a writ petition claiming that it is the owner of the plot of land who purchased it in the year 1998-99 without any knowledge of any encumbrance thereupon. It came to know later on that there was some encumbrance in favour of the Bank. Land had been mortgaged with the Bank. Petitioner offered to make the payment which has been accepted by the Bank with the rider that they will not be in a position to deliver the title deed deposited to the petitioner since petitioner did not deposit the same with the Bank. The Bank has confirmed that title deeds relating to the property in question are in possession of the Bank. Petitioner agreed to pay a sum of Rs. 5 lakh to the Bank to buy peace and protect the property.
(2.) The Single Bench has accordingly directed permitting the petitioner to pay a sum of Rs. 5 lakh within a period of four weeks from date, thereafter the Bank will have no further claim against the property in question. It has also been ordered that the Bank will issue a receipt to the petitioner acknowledging therein that the original title deeds relating to the property in question are in possession of the Bank. It has also been ordered that Bank will not part with the title deeds till directed by an order of an appropriate forum. The petitioner has been given liberty to institute appropriate proceedings against the vendors from whom the petitioner acquired the property on account of damages and for the title deeds to be made over by the bank to the petitioner. In case suit is filed, it is to be decided by the Trial Court expeditiously.
(3.) The legality of the aforesaid order has been questioned only in part by the appellant/petitioner on the ground that once offer has been accepted by the Bank by receiving Rs. 5 lakh in all fairness, the title deed or deeds ought to have been released in favour of the appellant/petitioner. As such the direction to the Bank not to release the title deeds in favour of the petitioner without the order of appropriate forum has been questioned.;