SHIBAN KRISHAN KAUL Vs. INDIAN BANK AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed against the order of the Recovery Officer, Debt Recovery Tribunal (hereinafter referred to as 'DRT ') whereby authorizing the receiver to take physical possession of the immovable property bearing No. 3/17, Rajasthan Housing Board Colony, Bhiwadi, Rajasthan (hereinafter referred to as the 'property ').

(2.) THE brief facts of the case which led to the present writ petition as per the case set up by the petitioner are as follows:

(3.) HE thus submitted that firstly, Respondent No. 3 is not the owner of the immovable property, especially after its sale in favour of the Petitioner in 1990. Secondly, even if for the sake of argument it is to be agreed, though not admitted that the Respondent No. 3 is the recorded owner, however even then the said property is neither mortgaged with the Respondent No. 1 bank nor any lien/ charge has been created thereon by Respondent No. 3 in favour of Respondent No. 1. Thus, in no way the Respondent No. 1 can proceed against the said property. In support of his contention, he stated that he is the absolute owner of the aforesaid property and neither the original owner Shri P.D. Agarwal nor anybody else has any right, title or interest in the aforesaid property. He further stated that this property was neither mortgaged nor charged with anybody except with the Petitioner. The Petitioner has filed papers/documents like Agreement to sell dated 3rd May, 1990 in support of the claim that he is in possession of the property.