URMILA KUMARI Vs. OM PRAKASH JANGRA AND ORS.

JUDGEMENT

(1.) THE petitioner seeks to invoke the civil writ jurisdiction of this court praying for a writ in the nature of certiorari or any other writ for quashing the order dated 28.04.2011 passed by Debts Recovery Appellate Tribunal, New Delhi (hereinafter referred to as "the DRAT") and the subsequent communication dated 30.06.2011 issued in its wake by LIC Housing Finance Ltd. (respondent No. 3) calling upon her to surrender property No. 1735, New Gita Colony, Mirzapur Road, Hissar, Haryana (hereinafter referred to as "the subject property") within a period of three months beginning 28.04.2011.

(2.) IT is necessary to trace the background facts at some length.

(3.) ON 13.03.2006, on an application moved by the secured creditor under Section 14 of SARFAESI Act, the District Magistrate, Hissar passed an order directing Superintendent by Police Hissar to provide police assistance for the possession of the subject property to be taken over. It is claimed that after possession had been taken over, inter alia, in terms of possession notice dated 20.03.2006 published in local newspapers, the subject property was put to public auction for sale by the secured creditor. It is further stated that the property was purchased in the said public auction by Vijay Kumar Takker (respondent No. 4) for consideration of Rs. 3,00,001/ - in which context a sale certificate was duly issued and registered in his favour. The petitioner claims that she had purchased the subject property for consideration from the fourth respondent ("the auction -purchaser") by sale deed executed and registered on 13.12.2007 and accordingly had taken over the vacant physical possession thereof. She claims that after purchasing the property, being in immediate need, she carried out construction and started using it as residence.