VidhiSangh

Supreme Court of India · 29/08/2024

A.B. GOVARDHAN versus P. RAGOTHAMAN

[2024] 8 S.C.R. 1002 · 2024 INSC 640

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Summary

The Supreme Court restored a Single Judge's preliminary mortgage decree, holding that the debtor's handing over of title deeds as security for an admitted debt, recorded in a panchayat agreement, created a mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act; the agreement merely recorded a concluded transaction and needed no registration. Interest was reduced from 36% to 12% a year, and the appellant was made to pay costs for his own lapses in the High Court.

Issues

  1. Whether the agreement of 24.06.2000, under which the debtor handed over the title deeds of his property in settlement of an admitted debt, evidenced a mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act, 1882.
  2. Whether a writing recording such a deposit requires registration.
  3. Whether the debtor discharged the burden of proving his plea that he signed the admitted agreement under coercion.
  4. Whether the High Court rightly refused to recall its ex parte appellate judgment, and what relief and rate of interest should follow.

Provisions considered

Held

Result

Appeals allowed; both High Court orders set aside and the Single Judge's decree of 01.04.2010 restored, with interest reduced from 36% to 12% simple interest a year from 24.06.2000 till realisation; appellant to deposit costs of Rs. 1,20,000 in the High Court registry within six weeks for juvenile welfare, advocate-clerks' welfare and legal aid; delay condoned on payment of Rs. 20,000 to the respondent.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 1002.