LIWEL WARSHONG Vs. MEGHALAYA RURAL BANK

JUDGEMENT

(1.) The reference here has been made by the Additional Judge of the Additional District Council Court, Khasi Hills, Shillong. Some basic facts need to be noticed before the questions raised by way of this reference are taken up for consideration.

(2.) According to the respondent bank, which claims to be a scheduled bank and to which the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 applies, it granted a loan to one Hamsarong Langwar in the Serial No. 1 Supplementary List year 2012. According to the respondent bank, the loan was covered by the mortgage of an immovable property in Mawlai Iewrynghep.

(3.) It appears that the mortgagor subsequently purported to sell the property to the appellant herein and, in or about 2018, the appellant filed a civil suit before the relevant District Council Court for eviction of the mortgagor and possession of the property. A decree followed and eviction proceedings were levied.