High Court · 2025

W.P.No.2264 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 23.07.2025CORAM :THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,CHIEF JUSTICE ANDTHE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.No.2264 of 20251. Lilly Hepsibai W/o Vassel Malobe2. Vassel Malobe S/o S.Thangaiyan..Petitioners v.1. The Chief Manager cum the Authorized Officer Canara Bank Head Office at J.C.Road Bangalore 560 002 Asset Recovery Management Branch 770A, 1st Floor, Spencer Towers II Building Anna Salai, Chennai 600 0022. Mr.B.Rajesh..RespondentsPetition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent No.1 to rectify the defects in the Sale Certificate 07.12.2021 (sale deed) bearing Document No.5087 of 2021 and registered on the file of Anna Nagar, ____________Page 1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2264 of 2025Chennai by means of executing ratification deed on the file of the S.R.O.Anna Nagar, Chennai.For Petitioners::Mr.S.BalasubramanianFor Respondents ::Mr.P.Raghunathan for M/s T.S.Gopalan & Co for R1 ORDER(Order of the Court was made by The Chief Justice)W.M.P.No.2603 of 2025 seeking to permit the petitioners to file a single writ petition, stands ordered.2. By this writ petition under Article 226 of the Constitution of India, the writ petitioners have sought for the relief of issuance of a writ of mandamus directing the respondent Bank to rectify the defects in the Sale Certificate dated 7th December, 2021 (sale deed) bearing Document No.5087 of 2021 and registered on the file of Anna Nagar, Chennai by means of executing a ratification deed on the file of the S.R.O., Anna Nagar, Chennai and to pass such other order or orders as this Court may deem fit and proper.____________Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2264 of 20253. The factual premise, as laid in the writ petition, to claim the aforesaid relief is that the petitioners purchased the property, namely, house and land in T.S.No.52A/1 as per TSLR patta current in Ayanavaram Village within Chennai Corporation in Block No.11 to an extent of 1200 square feet along with pucca building therein in Door No.35/16 (New Door No.35, Old Door No.16, Ayisha Manzil, Muthamman Koil Street, Muthamman Nagar, Ayanavaram, Chennai 600 023 from the respondent Bank by way of auction. The land was mortgaged with the Bank as security towards repayment of loan. The borrower having failed to discharge his debt, the property was put into auction and was purchased by the writ petitioners. When sale certificate was issued in favour of the petitioners, it contained relevant description of the property as stated in the sale deed as also in the memorandum of deposit of title deeds by the borrower. 4. The learned counsel for petitioners contended that as the sale deed under which the predecessor-in-title had not only acquired title over the property but also certain easementary rights as stated in the sale deed itself, irrespective of whether or not, it was mentioned in the memorandum of title ____________Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2264 of 2025deeds or in other documents of the Bank, the sale certificate also ought to have contained the relevant recitals not only giving the description of the property which was sold out in auction and in respect of which the petitioners acquired title, but also easementary rights attached to the said property. 5. On the other hand, the learned counsel for the respondent Bank would submit that what was mortgaged with the Bank was the property owned by the predecessor-in-title/defaulting borrower. The memorandum of deposit of title deeds did not mention any easementary right. He would further submit that the notice issued by the Bank including possession notice, advertisement and auction, do not mention existence of any easementary right as such. The sale certificate therefore contained only the description of the property, which was mortgaged and sold in auction and in respect of which the petitioners acquired title. 6. Having heard the learned counsel for parties and gone through the various documents on record, we find that the sale deed, which was earlier ____________Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2264 of 2025executed in favour of the predecessor-in-title contained a recital with regard to the description of the property and that the predecessor-in-title was enjoying easementary right in respect of a portion of land described as East to West 48 feet, North to South 5 feet, 240 square feet sandhu passage. 7. That perhaps may be the description of easementary right that the predecessor-in-title may have been enjoying. However, what was mortgaged with the Bank was not the easementary right, but the property which was held in ownership and title by the borrower. 8. The Bank proceeded to realize the outstanding liabilities when the borrower failed to repay by putting the property in auction. What the petitioners purchased was the property which was held in title and ownership by the predecessor-in-title/defaulting borrower and mortgaged to secure repayment of debt. The sale certificate obviously would contain only the description of the property which was sold, in respect of which the petitioners acquired title being the successful bidder in the process of auction.____________Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2264 of 20259. We are unable to accept the submission of the learned counsel for petitioners that the Bank was obliged to expressly state a similar recital in the sale certificate as was contained in the sale deed. Irrespective of the claim of the petitioners in respect of the easementary right in respect of which the recital was made in the sale deed, we are of the view that the sale certificate only reflects that property which was mortgaged by the defaulting borrower and which was sold in auction by the Bank.10. It is not at all obligatory under the law for the Bank to describe any such easementary right, even assuming for the argument sake that the predecessor-in-title was enjoying certain easementary right along with the property as described in the sale deed and which ultimately got transferred in favour of the petitioners through the process of auction and sale. 11. Without commenting upon the petitioners' claim for enjoyment of any easementary right attached to the property purchased by them in the auction, in our considered view, no such direction could be issued against ____________Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2264 of 2025the Bank for rectifying the sale certificate so as to include any description of any easementary right that may have been attached and enjoyed by the predecessor-in-title. 12. Our decision should not be taken as rejection of any claim of easementary right. We leave it with the observation that as and when cause of action arises, it will be open for the petitioners to take appropriate remedy, including declaratory and injunctive relief, from the competent Court having jurisdiction in respect of such a claim. The writ petition is, accordingly, dismissed. No costs. (MANINDRA MOHAN SHRIVASTAVA,C.J.) (SUNDER MOHAN,J.) 23.07.2025Index : yes/noNeutral citation : yes/no ss____________Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2264 of 2025To1. The Chief Manager cum the Authorized Officer Canara Bank Head Office at J.C.Road Bangalore 560 002 Asset Recovery Management Branch 770A, 1st Floor, Spencer Towers II Building Anna Salai, Chennai 600 002____________Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2264 of 2025THE HON'BLE CHIEF JUSTICEANDSUNDER MOHAN,J.ss W.P.No.2264 of 202523.07.2025____________Page 9 of 9