Now, as per this agreement (I refuse to refer to it as a contract), Teji was to repay the debt (which was secured by the mortgage) within three months. The three months' period is not over yet.
Again, as per the agreement, the mortgagee could apparently "sell" the house. Now, that completely ignores the basic principle that you cannot give what do not have. A mortgagee does not obtain complete rights (right, title and interest) over the mortgaged property. He has limited rights and a limited interest. And, he definitely cannot transfer the title or the whole of the rights and interest over the mortgaged property.
Yet, this is what we are told transpired. Garg, the mortgagee, "sold" off the house to MSK. MSK now claims ownership over the house.
The value of the house is Rs. one crore. MSK paid Rs. two crores for it.
The mortgagee has given Beeji and clan a month to vacate the premises.
Beeji has challenged MSK that she will obtain the required money within a period of one month and win back her house. Yet another discrepancy showing that MSK has not obtained full right, title and interest over the house.
Assuming that the transaction is valid (for some reason beyond my comprehension for now), the mortgagee can only retain the loan amount and the interest thereon. The rest of the money would rightfully belong to the owner, that is Beeji and co. I am fairly certain that the loan amount was not over Rs one crore, for that is the value of the house. MSK has paid the mortgagee an additional Rs one crore, which should go into Beeji's kitty. I'm sure that, even if Teji had taken a loan of Rs. one crore, the additional amount of Rs. one crore foolishly squandered by MSK could be used by Beeji or Teji Beeji to repay the loan amount and interest and show MSK the door.
PS: For some more rantings about logic, refer to page 5 of the Den. This time, I am hoping that Beeji can outwit the Billionaire and show him the door.
PPS: This was one was for Aarya. Others, please ignore it.😆
254