R.S.A.No.2208 of 1989 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2208 of 1989 Date of decision: 8.12.2011. The Gurgaon Primary Cooperative Agricultural and Rural Development Bank Ltd. .....Appellant Versus Giarsa and others ...Respondents CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA. Present: None ***** G.S.SANDHAWALIA, J. The appeal has been filed by defendant no.2 against the judgment and decree dated 25.2.1989 passed by the Lower Appellate Court whereby it had upheld the judgment and decree of the trial Court dated 16.3.1988 vide which the suit of the plaintiff for permanent injunction had been decreed. The plaintiff-respondent No.1 had filed a suit for permanent injunction alleging that they had purchased the land in dispute vide sale deed dated 6.9.1973, 23.9.1974 and 14.12.1977 from defendants No.3 to 7 and Smt. Kela Devi and Champa Devi widows of late Karan Singh. It was alleged that mutations of the sales have been sanctioned in his favour and then the plaintiff had come to know that the suit land was mortgaged by defendant no.3 in favour of defendant no.2 bank vide registered R.S.A.No.2208 of 1989 -2- **** mortgaged deed dated 24.12.1970 though the defendant no.3 was only owner to the extent of 1/7th share. It was alleged that factum of mortgage deed had not been entered into revenue record and, therefore, defendants no.1 and 2 had no right to auction the land for recovering the loan amount. The suit was mainly contested by the appellant bank on the ground that the land was mortgaged deed in its favour and same was legal, valid and binding. The trial Court after taking into account the pleadings and the evidence on record came to the conclusion that the plaintiff was in possession of the suit land having been put in possession by the vendors and there was no entry in the revenue record of the mortgage deed in favour of the bank and the witness had stated that he had examined the revenue record before purchasing the same and thus, held that he was bonafide purchaser and accordingly restrained the bank from auctioning the suit land in terms of the mortgage deed. The appellant Bank preferred the appeal before the Lower Appellate Court challenging the judgment and decree of the trial Court. The Lower Appellate Court after examining the revenue record has come to the conclusion that though mortgage deed was registered on 24.12.1970 but no entry to this effect had been made in the revenue record till 1976-77 till the last sale deed was executed in favour of the plaintiff. The defendants had not produced any evidence that plaintiff was in knowledge about mortgage of the suit land and the plaintiff had only to inspect the revenue record and witnesses have stated that they had no knowledge about the mortgage and, therefore, the plaintiff was bonafide purchaser. The Lower Appellate Court also noticed that Bijender Singh was not the Karta of the joint Hindu family and he could not have R.S.A.No.2208 of 1989 -3- **** mortgaged the land for the benefit of the estate without consent of other co- sharers and repelled the argument of the bank that Bijender Singh had a right to mortgage the whole land. Both the Courts have come to concurrent finding that the plaintiff is in possession of the property in dispute and is bonafide purchaser and the bank has not taken the precaution of getting the mortgage deed entered in the revenue record and, therefore, the rights of the plaintiff cannot be disturbed. This concurrent finding cannot be interferred with in absence of any substantial question of law. The right of the bank to recover the amount from the mortgagors has not been affected and, thus, no prejudice has been caused to the bank which was remiss in its duties for not getting mortgage deed registered to put the purchaser at caution before execution of any sale deed by the mortgagors. Accordingly, there is no scope of interference in the present Regular Second Appeal which is dismissed in the absence of any substantial question of law arising out of the same. December 08, 2011 (G.S.SANDHAWALIA) Pka JUDGE R.S.A.No.2208 of 1989 -4- ****