FARHAT ANAS Vs. DEBTS RECOVERY APPELLATE TRIBUNAL

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution has arisen from the order dated 31.03.2009 passed by Debts Recovery Appellate Tribunal, Allahabad (hereinafter referred to as the "DRAT") in Appeal No. R-962 of 2008, filed by Canara Bank (hereinafter referred to as the "Bank"), the respondent no. 3, whereby allowing appeal it has set aside the order dated 10.03.2008 passed by Debts Recovery Tribunal (hereinafter referred to as the "DRT") in Original Appeal No. 10 of 2005 and has restored Recovery Officer's order dated 08.09.2005 passed in D.R.C. No. 323 of 2001.

(2.) The facts, in brief, giving rise to the dispute in present writ petition are as under.

(3.) (Late) Khushal Chandra Khanna purchased Plot No. D-3, Guruteg Bahadur Nagar Kareilly, Allahabad (hereinafter referred to as the "disputed premises") on Hire Purchase Agreement from U.P. Awas Evam Vikas Parishad (hereinafter referred to as the "UP AEVP") vide agreement dated 05.07.1977. The petitioner, Smt. Farhat Anas, wife of Sri Mohd. Anas, claimed to be the owner of aforesaid plot. She executed a registered power of attorney dated 21.09.2005 in favour of Mr. Shaikh Mushtaque Ahmad, son of Late Saeed Ahmad, for necessary litigation against Recovery Officer's order dated 08.09.2005 in respect to aforesaid property.