Case Note & Summary
The petitioner, J. Damotharan, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents to release the original sale deed (Document No.4457/1979 dated 17.10.1979 registered at Thallakulam Sub-Registrar Office, Madurai) along with mother documents, which were given as security for a mortgage loan with the fourth respondent society. The petitioner's father had approached the fourth respondent society in 2001 for a loan of Rs.80,000/- for personal expenditure. He mortgaged their dwelling house property situated in Survey No. 2310, door No.145/8, Thathaneri main road, Aruldasapuram, Thathaneri Thaluk, Madurai District, measuring 288 square feet. The fourth respondent received the original sale deed and other title deeds as security. The loan amount was duly paid by the petitioner's father with interest from 2001 onwards. The father passed away in 2012. On 02.09.2023, the petitioner paid the entire mortgage amount of Rs.80,000/- along with interest of Rs.1,58,753/-, totaling Rs.2,25,753/-. The fourth respondent closed the loan account but did not return the original documents. The petitioner made representations but received no response. The court heard the counsels and perused the materials. The court held that once the loan is fully repaid, the creditor is bound to return the security documents. The court directed the respondents to release the original sale deed and mother documents within four weeks from the date of receipt of the order. The writ petition was disposed of with no costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Direction to release original title deeds - Petitioner's father mortgaged property and deposited original sale deed with respondent society for a loan of Rs.80,000/- - Loan fully repaid with interest - Society failed to return documents - Court held that once loan is discharged, the creditor is bound to return the security documents - Writ of Mandamus issued directing respondents to release original sale deed and mother documents within four weeks (Paras 1-4).
Issue of Consideration
Whether the respondents are obligated to release the original sale deed and mother documents deposited as security for a mortgage loan after full repayment of the loan amount.
Final Decision
The court allowed the writ petition and directed the respondents to release the original sale deed (Document No.4457/1979 dated 17.10.1979) along with mother documents to the petitioner within four weeks from the date of receipt of the order. No costs.
Law Points
- Writ of Mandamus
- Article 226
- mortgage loan
- repayment
- release of title deeds
- co-operative society
- duty to return documents
