- (1.) The petitioner has, in these proceedings under Article 226 of the Constitution, sought to question the legality of an order passed by the District Magistrate, Lucknow on 9 June 2014 under the provisions of Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(2.) The premises in question comprise of a residential property bearing No.C-2354 situated at Indira Nagar, Lucknow. The property was originally allotted by the U.P. Avas Evam Vikas Parishad, Lucknow to the fifth respondent on 12 May 1980 against the payment of sale consideration. The petitioner claims that the accommodation was let out to him in January 1988 on a monthly rent of Rs.400/-. The petitioner has stated that the allotment of the premises to the fifth respondent was cancelled by the U.P. Avas Evam Vikas Parishad in 1991, but was restored on payment of the outstanding dues and eventually, a registered sale deed was executed on 2 November 1994 in favour of the fifth respondent. The petitioner has set up a case that the fifth respondent entered into an agreement with him for the sale of the premises and in performance of the agreement, an amount of Rs.50,000/- was paid on 8 February 1995, a further sum of Rs.50,000/- on 12 February 1995, Rs.30,000/- on 25 July 1995, Rs.30,000/- on 1 February 1999, Rs.40,000/- on 8 February 1999 and Rs.30,000/- on 15 February 1999. Some of the payments were made by cheques or, as the case may be, by Demand Drafts, while other payments were made in cash. At this stage, it may be noted that the petitioner has annexed various receipts executed in his favour from Annexure Nos.2 to 7 to the writ proceedings.
(3.) The petitioner has filed a suit (Regular Suit No.108 of 2002) against the fifth respondent for specific performance and for injunction restraining the fifth respondent from disturbing his possession of the property. A written statement was filed in the Suit. The trial Judge granted an ad-interim injunction in favour of the petitioner on 8 March 2002 which holds the field. The fifth respondent filed a Suit against the petitioner in 2003 (SCC Suit No.127 of 2003) in the Court of the Small Causes Judge, Lucknow for recovery of arrears and for eviction.;