1990 (1) TMI 62 - HC - Income Tax

Court dismisses petition for return of title deed used as security, citing complexity in determining intended purpose.

The court dismissed the original petition seeking the return of a title deed used as security for tax payment, citing complexity in determining the deed's ... Questions Relating To Title To Property, Writ Issues:1. Petitioner's claim for the return of the title deed used as security for tax payment.2. Dispute over whether the title deed was provided as security for petitioner's arrears or his father's arrears.3. Evaluation of evidence and jurisdiction of the court in adjudicating title-related disputes.Analysis:1. The petitioner purchased land in 1967 and used the title deed as security for tax payment in 1971. Despite the arrears being cleared, the title deed was not returned, leading to the petitioner's request for its immediate return through legal action.2. The Revenue claimed that the title deed was submitted as security for the tax arrears of the petitioner's deceased father, not the petitioner himself. Discrepancies in statements regarding the arrears and ownership of the property raised questions about the purpose for which the title deed was provided as security.3. The court emphasized that determining the purpose for providing the title deed as security required factual evaluation and evidence gathering beyond the scope of Article 226 proceedings. The court denied jurisdiction in resolving disputes related to title deeds and their intended use as security for tax arrears.In conclusion, the court dismissed the original petition, stating that it lacked merit due to the complexity of determining the actual purpose for which the title deed was handed over as security. The judgment highlighted the need for a thorough evaluation of factual details and evidence, indicating that such disputes are beyond the purview of Article 226 proceedings.