VINOD KUMAR KAUSHIK Vs. MADAN LAL ARORA

JUDGEMENT

(1.) This Regular First Appeal is preferred by the appellant against the judgment dated 30.01.2019 passed by the learned Additional District Judge-2, North-West District, Rohini Hazari Courts, Delhi (hereinafter referred as the learned 'Trial Court') in Civil Suit No.75453/2016 whereby the plaint in suit filed by appellant for declaration, possession, permanent injunction, occupation charges and damages was rejected on an application filed by the respondent under Order VII Rule 11 CPC.

(2.) The appellant claims himself to be an owner of the property bearing No.WZ-472/343, Sri Nagar, Shakur Basti, Delhi (hereinafter referred as the 'suit property') and that he stood a guarantor for M/s.Shiva Automobiles on 11.01.2002 with the Bank of Baroda. An equitable mortgage of the suit property was created and necessary documents were deposited with the bank. The overdraft facility was provided to the principal debtor. The said loan account was declared as a NPA after default and bank started proceedings under the SARFAESI Act . The relevant notice was affixed at the property and also published in the newspaper on 24.07.2005 warning against dealing with the suit property.

(3.) The Court Receiver was appointed on 12.02.2007 and symbolic possession of the suit property was taken by him. Since the matter was pending before the Debt Recovery Tribunal (DRT) vide SA No.52/2007 under the SARFAESI Act the respondent filed an Interim Application No.245/2007 propounding his ownership on the basis of the various documents while alleging the appellant along with his mother had executed the documents of sale in favour of a third party and then he had purchased the suit property vide sale deeds dated 23.01.2005. The entire chain of ownership was filed before the DRT. The appellant herein filed the reply to said application on 09.08.2007 denying the ownership of the respondent as well as authenticity of his title documents terming them as forged and fabricated. The matter was, however, settled between the bank and the respondent. The respondent paid the dues of the mortgage as per order dated 16.08.2007 of the DRT and the mortgage ended.