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| Rs.30 lakh decree against Tirath Kumar, his trust | | HC empowers Div Com of mortgaging part of trust property | |
Jammu, October, 02
Justice JP Singh of J&K High Court Jammu Wing in a petition against compromised decree passed on March 17, 2005 by Second Additional District Judge Jammu for Rs more than 30 lakh, empowered and authorized Divisional Commissioner Jammu (receiver of the trust) to explore the possibility of mortgaging part of the trust property for and on behalf of the trust, so as to generate mortgage amount, be sufficient to satisfy the decrial amount payable to decree-holders Jagdish Raj Gupta and others. The Divisional Commissioner Jammu would find a suitable mortgagee, he shall receive the mortgage money and mortgage the trust property to mortgagee and for that purpose execute any such document as may be required for completing the transaction of mortgage.
This Court order has been passed in a petition filed by Tirath Kumar Bhagat and others in which it has been submitted that four suits filed against Shiv Shakti Sain Sat Guru Kabir Bir Sarav Dharam Welfare Trust and Tirath Kumar Bhagat its sole trustee, where compromised by the parties to the suits resulting in withdrawal of three suits and a compromised decree dated March 17, 2005 in suit No 53 of 1999.
Justice JP Singh after hearing both the sides held that Court would have, therefore, remanded the case to Second Additional District Judge Jammu, for passing appropriate orders on the application of the petitioners, but in view of the delay which has already occasioned in deciding the rights of the parties qua the trust property and the compromised decree, Court opted to consider passing appropriate directions in order to do complete justice to the parties, who are litigating since 1999. There is no dispute between the parties in mortgaging the trust properties so as to generate funds, which satisfy the compromised decree passed by the Second Additional District Judge Jammu
While empowering the Divisional Commissioner Jammu, Justice JP Singh further observed while selecting a mortgagee, the divisional commissioner or is authorized officer would be at liberty to consider mortgaging the property in favour of the tenants, who may be in-occupation of the trust property which is to be mortgaged. The mortgage money so received by the Divisional Commissioner shall be deposited with the second Additional District Judge Jammu, who shall pass such orders as are authorized by law in releasing the decrial amount to the decree holders. Court further directed the Divisionaal Commissioner Jammu to ensure compliance of the directions within a period of three months. He shall send compliance report in this respect to the Registrar Judicial of Jammu Wing.
The sole Trustee Tirath Kumar Bhagat of the trust has taken money by hundi from the decree holder Jagdish Raj Gupta and for the execution of hundi Jagdish Raj Gupta filed a suit in the competent Court. Court issued decree in favour of decree-holder. |
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