SMT SHAHANA BEGUM WO SH SH AKHTAR ALI vs STATE BANK OF INDIA on 7 October 2026

**ORDER-SHEET** Page No. ....

**Date: 07.10.2026**

Serial No.41

The applicant has approached this tribunal on the basis of order/judgment dated 13.09.2024 passed by this tribunal in S.A. No. 101 of 2024 Smt. Shahana Begum V/s State Bank of India and order dated 18.03.2026 in M.A. No. 89 of 2024 Smt. Shahana Begum V/s State Bank of India and stated that the applicant has compiled order dated 18.03.2026, the respondent bank has also handed over physical possession of the mortgaged property to the applicant on 24.04.2026 after full deposition of amount Rs.31,00,000/- (Rupees Thirty-One Lacs only), also submitted letter issued by the respondent bank as Annexure-4 with this petition.

The applicant has prayed for provided original title deed of subject- property/mortgaged-property of seller.

Firstly, S.A. No. 101 of 2024 was disposed off in light of Section 13(4) (d) of SARFAESI Act by providing a period of 30 days to the applicant for repayment of amount in question. The respondent bank had also been directed to provide title deed of mortgaged property to the applicant within 60 days for the date of last repayment as the applicant entitled from the date of last repayment as the applicant is entitled for the same as per provisions of Section 13(5) of SARFAESI Act.

The applicant after repayment of Rs.20,50,000/- (Rupees Twenty Lacs Fifty Thousand only) has filed M.A. No. 89 of 2024 by saying that the applicant is the purchaser of secured asset not the borrower or mortgager or guarantor of the borrowed money in question.

After detailed discussion the settled has taken place between the parties on the basis of valuation/reserve price in relation to secured asset and circumstances of the matter in question with some conditions at the amount of Rs.31,00,000/- (Rupees Thirty-One Lacs only) with adjustment of amount already paid by applicant Rs.20,50,000/- (Rupees Twenty Lacs Fifty Thousand only). The said settlement has taken place upto the extent of secured asset purchased by applicant and not in relation to whole of the amount. The secured creditor shall be free to recover the borrowed money rest from the borrower/mortgager/guarantor i.e. those are not entitled to get benefit of settlement in question, as none of them have come forward for repayment/ settlement before the Tribunal **ORDER-SHEET** Page No. ....

even though mortgaged asset has been sold in contravention of provisions of law and none is entitled to get benefit in otherwise manner if not entitled within the limits of law.

In the light of principle, no one can suffer due to illegal act of another. The mortgagor has not discharged liability and sold the mortgaged property, due to that only the applicant was duty bound to discharge the liability upto the extent of value of the secured asset. The mortgager/seller has sold the secured asset at the amount of Rs.2,00,000/- (Rupees Two Lacs only) in the year 2020 and the applicant has also paid Rs.31,00,000/- (Rupees Thirty-One Lacs only) on the date of settlement and the applicant has already paid Rs.2,00,000/- (Rupees Two Lacs only) in the year of 2020 to the mortgager and again Rs.31,00,000/- (Rupees Thirty-One Lacs only) to the secured creditor i.e. total Rs.33,00,000/- (Rupees Thirty-Three Lacs only) and also bear burden of litigation and mental physical stress.

The respondent bank is not entitled to keep the title deed of secured asset in the light of above discussion and circumstances of this case. If the title deed shall be provided to the mortgagor, in that case, the mortgagor may utilize again in otherwise manner even though not entitled for the same as the mortgager has already sold the property to the applicant after mortgage in favour of respondent bank.

Clause (d) of sub-section (4) of section 13 of SARFAESI Act says: require at any time by notice in writing, any person who has acquired any of the secured assets from the borrower and from whom any money is due or may become due to the borrower, to pay the secured creditor, so much money as is sufficient to pay the secured debt.

Sub-section (5) of section 13 of SARFAESI Act says: any payment made by any person referred to in clause (d) of sub-section (4) to the secured creditor shall give such person a valid discharge as if he has made payment to the borrower.

In the light of above discussions, provisions of law and previously passed orders by the Tribunal, the mortgagors / borrowers cannot be entitled for title deed of secured asset in relation to property in question as the mortgagor has already sold the property without discharging liability and in the opinion of the Tribunal, the applicant is entitled to get the title deed of secured asset in question with 'No dues certificate/discharge liability certificate' in the circumstances of this case.

**ORDER-SHEET**

**Page No. ....**

The respondent bank is directed to provide the title deed in question with discharge certificate/ No dues certificate in relation to property in question i.e. upto the extent of property in question within 30 days from the date of this order to the applicant.

No any other point has been raised by any party. Hence, Miscellaneous petition is disposed off accordingly.

Record be consigned.

(Umesh Kumar Sharma) Presiding Officer DRT, Dehradun

07.10.2026