S.MURUGESAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order dtd. 27/12/2018 made in I.A.No.2971 of 2018 in S.A.No.25 of 2017 on the file of the Debts Recovery Tribunal, Madurai.

(2.) According to the petitioner, the land in S.F.No.723/2, Kadayanallur Village, Tenkasi Taluk, was originally a Government land classified as grazing ground. The Tahsildhar, Tenkasi, by his proceedings dtd. 27/2/1990 in P3/S.L.6/97, assigned Plot No.28 in the above said survey number in favour of the petitioner's wife, namely, late.Muthammal, admeasuring east-west 22.75 ft. and north-south 33 ft. The petitioner had constructed a residential house therein and is in possession and enjoyment of the same. He is als in possession and enjoyment of a further extent of land to the southern side to an extent of east-west 22.75 ft., and north-south 20 ft. Thus, the total area under his occupation is east-west 22.75 ft., and north-south 53 ft. He has also been paying the house tax and property tax to the entire extent till date.

(3.) The petitioner, in order to develop his gunny bag business, availed loan from the fourth respondent bank to the tune of Rs.2,00,000.00 (Rupees Two Lakhs only) in the year 2000 towards Over Draft Facility by mortgaging his patta land. According to the respondent bank, the petitioner committed defaults and consequently, the account was classified as Non-Performing Asset (NPA) and appropriate proceedings under the SARFAESI Act were initiated against the petitioner. Challenging the same, the petitioner moved the Debts Recovery Tribunal, by filing S.A.No.16 of 2008 and though an order of conditional interim stay was passed, the said application was dismissed on 24/6/2008.