Abdul Moin, J. - (1.) Heard learned counsel for the petitioner and Sri D.K. Pathak, learned counsel appearing for the respondent No.3/Bank.
(2.) Under challenge are the orders dated 29.11.2018 and 17.2.2012 passed by the Debts Recovery Tribunal, Lucknow (hereinafter referred to as DRT, Lucknow) and Debts Recovery Appellate Tribunal, Allahabad (hereinafter referred to as the DART, Allahabad) respectively. A further prayer is for a mandamus commanding the respondents No.3 and 4 not to interfere in the peaceful possession of the petitioner over the house in question.
(3.) The case set forth by the petitioner is that he was an auction purchaser being highest bidder of the property of the respondent No.4 which property was published for auction by the bank in terms of the sale notice in the year 2009. It is contended that the bid of the petitioner was accepted and the Bank issued the acceptance letter on 20.6.2009. The petitioner alleges to have deposited the total sale consideration and the Bank issued a sale certificate dated 16.7.2009 in favour of the petitioner and a sale deed was also executed in favour of the petitioner on 30.7.2009. It is further contended that after the execution of the sale deed and taking over the possession of the property in question, the petitioner is residing in the house in question with his family members and has spent a large sum of money for construction of the ground floor and first floor in the said house.;