The Hindu : Tamil Nadu / Chennai News : Bank told to file complaint on ‘original’ property documents

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Sunday, Mar 02, 2008
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Tamil Nadu

Tamil Nadu - Chennai

Bank told to file complaint on ‘original’ property documents

Special Correspondent

CHENNAI: The Madras High Court has directed a nationalised bank to prefer a complaint with Chennai police to investigate a matter relating to the existence of two ‘original’ documents of a property, one with the bank and the other in possession of an individual.

Dismissing applications filed by a resident of Mylapore, one seeking to restrain the bank from interfering with the peaceful possession and enjoyment of his property and the other praying for an ad interim injunction by directing the bank to remove the seal on the premises, Justice V.Ramasubramanian said both documents bore signatures of the applicant and his family members.

They looked alike at first blush. An offence of forgery appeared to have been committed. Both contained the rubber stamp, seal and endorsements of the office of the Sub-Registrar, Mylapore, and the Sub-Registrar’s signature. Hence, the offence of fabrication of government records and forgery of government servant’s signature also seemed to have been committed.

A. Pukraj of Mylapore submitted that the suit property was part of a property purchased by his father in 1948. It was allotted to him under a partition deed in 1984. In September 2002, he received a letter informing him of the liability of A. Halith Ahmed of Mannadi to Canara Bank, Park Town Branch, and a claim that he (Pukraj) was a guarantor who had offered the suit property as security.

The applicant denied having executed any deed of guarantee or deposit of title deeds. A notice was served on him and he filed a writ petition and obtained an interim stay.

The petition was dismissed by a Division Bench.

On the ground that the applicant did not file any objections to the notice, even after the dismissal of the writ petition, the bank issued a possession notice. Its Authorised Officer locked up three rooms, including the kitchen, in the suit property.

“No prima facie case”

The judge held that the applicant had no prima facie case for the grant of an interim order.

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