JOGINDER SINGH Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) SINCE the caveator is represented by his Counsel, the caveat is discharged. Heard parties' Counsel on admission. This appeal has been directed against the order dated 16.4.2013 passed by the P.O. of DRT, Jaipur, whereby Appeal No. 1/2010 filed against the order dated 5.1.2010 of the R.O. -1 of DRT, Jaipur in R.C. No. 183/2001 has been dismissed.

(2.) MR . Bhandari submits that the appellant is neither the borrower nor the mortgagor or the guarantor of the loan in question but a tenant of the property bearing House No. 43, measuring 300 sq. yds., Govind Nagar (West), Amer Road, Jaipur, comprising four rooms including a garage, since 1986 on a monthly rent of Rs. 600/ - on behalf of Smt. Geeta Devi Khunteta. He further submits that the said Smt. Geeta Devi had mortgaged the property in question with the Bank in respect of a credit facility and when she defaulted in repayment of the loan, the Bank filed an O.A., which was allowed and an R.C. was issued. He also submits that in the R.C. proceedings, the R.O. put the said property to sale, which was purchased by respondent Nos. 2 and 3 in the public auction held on 4.9.2012 for Rs. 14.55 lacs and after the confirmation of sale, certificate of sale dated 29.1.2003 was also issued in their favour. He also submits that the possession of the property was, however, not handed over to the auction purchasers as Smt. Geeta had filed objections against the auction sale and had obtained stay order qua it.

(3.) MR . Bhandari further submits that the R.O. thereafter conducted the proceedings and after framing the issue relating to the appellant's alleged status as tenant of Smt. Geeta Devi Khunteta and deciding the issue in the negative, dismissed the objections of the appellant by the order dated 5.1.2010.