Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sale deed - Validity of - Recovery proceedings by appellant- Bank - Against guarantors of credit facility - Property in question (flat of Housing Society) owned by the guarantors attached by Bank |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Deeds and Documents: Sale deed - Validity of - Recovery proceedings by appellant- Bank - Against guarantors of credit facility - Property in question (flat of Housing Society) owned by the guarantors attached by Bank - After the death of one of the guarantors, respondent No.1 claimed ownership of the society flat and applied to the Housing Society to grant him its membership - Also challenged the attachment stating that he had purchased the flat much prior to the attachment and was in possession thereof - Membership denied by the Society - On challenge to denial of membership, authority concerned finally allowed the case of respondent No.1 - Writ petition by Bank - High Court set aside the attachment order directing the Housing Society to enroll respondent No.1 as member of the Society - On appeal, held: The very foundation of the case of respondent No.1 i.e. agreement to sell is doubtful - The vendors had never disclosed the fact of alleged sale to anybody including the Housing Society - The document has been fabricated to wriggle out of the recovery proceedings - The document does not transfer any right, title or interest in the property. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 671 |
Petitioner | The Greater Bombay Co-operative Bank Limited |
Respondent | Mr. Nagraj Ganeshmal Jain & Ors. |
SCR | [2017] 6 S.C.R. 437 |
Judgement Date | 2017-07-26 |
Case Number | 9777-9778 |
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