BHAIYALAL TIW ARI Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The instant appeal is directed against the concurrent judgment and decree passed by the 1 s t Additional Sessions Judge, Gwalior dated 29.2.2012, confirming the judgment and decree dated 21.6.2011 passed by the 8t h Civil Judge Class-II, Gwalior in Civil Suit No. 16-A/11.

(2.) The facts necessary for disposal of this appeal are as under:

(3.) The defendant - respondent No.1, Central Bank of India and defendant - respondent No.2 auction purchaser, Joyti Sharma have filed separate applications under Order 7 Rule 11 of Civil Procedure Code, denying the plaint's allegations to the effect that neither respondent -defendant No.3 is the owner of the suit property nor the plaintiff -appellant is the tenant therein, instead the suit property was mortgaged by the defendant No.3 with the defendant No.1 as security for the loan advanced to M/s Shubham Readymade Fashion House Proprietor Smt. Pushpa Mishra wife of S.K. Mishra, since the debtor failed to re pay the loan and discharged its liability to the bank, defendant - respondent No.1 took recourse under the provision of Section 13 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (hereinafter to the SARFAESI Act 2002) and physical possession was taken by preparing Panchnama duly signed by the erstwhile owner, the defendant No.3 amongst others on 17.3.2010. The suit property was put to auction in accordance with the provisions of the Act by publishing sale on 15 t h May, 2010 in the Hindi News paper "Daink Bhaskar" The auction took place on 16.6.2010 and the defendant No.2 being highest bidder, the same was notified by the Bank on 24.6.2010, the sale certificate was issued on 30.7.2010 in the Hindi News Paper "Danik Bhaskar". There was no tenant in the suit premises either at the time of taking possession of the suit property or at the time of action, or at the time sale certificate was issued in favour of defendant No.2.