NAZAR SINGH Vs. PUNEET BANSAL

JUDGEMENT

(1.) Impugned in the present revision petition is the order dated 24.11.2015 (Annexure P-5) passed by learned Civil Judge (Jr. Divn.), Bathinda, vide which it was held that the suit is barred under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( in short 'the SARFAESI Act'). Consequently, the plaint was rejected under Order VII, Rule 11 CPC.

(2.) Plaintiff had filed a suit for permanent injunction for restraining the defendants i.e. Puneet Bansal and State Bank of Patiala from dispossessing the plaintiff from disputed property measuring 4 biswa, khasra No.2208/2 min, khata No.417/1372, situated at Baba Farid Nagar, Near Green City Colony, Bathinda, claiming that he is tenant over the same under defendant No.1 on the basis of rent note dated 22.12.2012. Defendant No.1 had taken a loan from defendant No.2-Bank and defaulted in the same. Now defendant No.2-Bank has filed application before the Debt Recovery Tribunal under the SARFAESI Act.

(3.) I have heard learned counsel for the petitioner and have also carefully gone through the case file.