2015 AIR CC 2571 (ALL) ::2015 (4) All LJ 761 ::2015 (4) ALJ 761 ::(2015) 128 RevDec 81 ::(2015) 3 All RentCas 102 ::(2015) 3 CivilCourtC 515 ::(2015) 3 ADJ 48 (ALL) ::(2015) 2 BankCas 536 ::(2015) 110 All LR 64 ::(2015) 4 ICC 207 ::(2015) 152 AllIndCas 861 (ALL)

Allahabad High Court

Hon'ble Judge(s): Sudhir Agarwal , J

( A ) Transfer Of Property Act (4 of 1882) S. 58 (f), 54, 105, 100 — Mortgage by deposit of title deeds — Mortgagor having only limited lease rights over disputed property under hire purchase agreement executed with owner of property — He was given lease of property for 30 years only on payment of rent — In lease deed there was stipulation restraining lessee from making any transfer of property without previous permission of owner — Lease executed mortgage with bank without any permission from owner — Lease holder cannot be said to be holder of title of property — Order of Debts Recovery Appellate Tribunal holding that it was equitable mortgage, as such mortgage does not amount to any transfer — Set aside — Matter remitted back to Appellate Tribunal to decide matter afresh. (Paras2562)