DEVKI NANDAN Vs. CAPRI GLOBALHOUSING FINANCE COMPANY LTD.

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India assails the order dtd. 16/2/2024 passed by the Debts Recovery Appellate Tribunal (DRAT), New Delhi in Misc. Appeal No. 132/2023 titled 'Devki Nandan & Anr. v. Capri Global Home Finance Ltd. & Ors.', and further seeks restraint against Respondent No.1 and its agent/Receiver from taking possession of property bearing No. 20, out of Khasra No. 93/2, Lal Dora of Village Azad Pur, Mandir Wali Gali, North West Delhi-110033 (hereinafter, "the subject property").

(2.) Petitioners claim to be absolute owners in possession of the subject property by virtue of a registered Sale Deed dtd. 5/11/1999 executed by their grandfather, namely Shri Galli Ram. It is the case of the Petitioners that at the time of purchase, the property comprised a building consisting of a ground floor and first floor. Thereafter, the existing structure was demolished and reconstructed up to three floors, allegedly after the Petitioners availed a loan of Rs.10,00,000.00 from Allahabad Bank against a mortgage deed registered on 20/9/2002.

(3.) It is on 8/6/2022, officials of the Respondent No. 1/Financial Institution visited the subject property and called upon them to vacate the same on the ground that the property stood mortgaged by Respondent Nos. 2 and 3 for availing a loan. Upon enquiry, the Petitioners claim to have discovered that Respondent Nos. 2 and 3 had obtained financial assistances by representing themselves as owners of the property and had created a mortgage in favour of the Respondent No. 1.