DALJIT KAUR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner has invoked the writ jurisdiction of this Court for issuance of a writ in the nature of Mandamus directing the respondent -Bank to remove locks and for setting aside of possession notice Annexure P.3. The petitioner claims to be purchaser of House No. 2039 -40, Kucha Ramgarhia Chowk Baba Bhoriwala, Amritsar from Smt. Manpreet Kaur wife of Shri Gurinder Singh and Shri Gurinder Singh son of Shri Balwinder Singh on the basis of Power of Attorney and agreement to sell. However, subsequently, the petitioner relies upon a decree of the Civil Court in support of her title.

(2.) IT is also pointed out that the said house was mortgaged with respondent No. 2 -Bank i.e. the Punjab National Bank and the petitioner has paid the balance due amount to the said Bank. The petitioner had filed a civil suit against her sellers and also the Bank. During the pendency of the suit, the officials of respondent No. 1 -Bank pasted a possession notice. The assertion of petitioner is that respondent No. 1 -Bank has no concern with the property as the property purchased by the petitioner is mortgaged with respondent No. 2, whereas the property mortgaged in favour of respondent No. 1 -Bank is House No. 2411/15, Kucha Ramgarhia Baba Bhoriwala, Amritsar.

(3.) IN the written statement filed initially, it was pleaded that the property in question bears municipal number 2411/15, which was owned by Smt. Amandeep Kaur wife of Manwinder Singh and Smt. Jaswinder Kaur wife of Shri Balwinder Singh, purchased by them on 18.1.1991. It is the said owners, who have taken loan from the Bank on 24.9.1999. Therefore, the Bank is rightly proceeding against the property mortgaged with it. In support of such plea, the Bank has attached the documents of loan, which show that it is House No. 2411/15, Kucha Ramgarhia Baba Bhoriwala, Amritsar, which has been mortgaged as a third party guarantee.