BHANWAR LAL; VAGA RAM; GANESH Vs. S B B J AND OTHERS
LAWS(RAJ)-2010-5-109
HIGH COURT OF RAJASTHAN
Decided on May 12,2010

Bhanwar Lal; Vaga Ram; Ganesh Appellant
VERSUS
S B B J And Others Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners. All these writ petitions are decided by this common order in view of the same plea taken by all the three petitioners in these writ petitions. The facts of SBCWP No.4628/2010 will be sufficient guidance for other cases for deciding the legal issue.
(2.) The petitioner is aggrieved against the auction notice dated 6.4.2010 issued by the S.B.B.J. for sale of the property of Kanti Lal. The petitioner states that he purchased the property in dispute by registered sale deed, copy of which is placed on record as Annex.1. It is submitted that the respondent Bank can proceed with the sale of the land which has not been sold to the petitioner for recovery of loan amount of the bank but the petitioner since is a bonafide purchaser of the part of the property, his property cannot be auctioned. It is submitted that the petitioner had no knowledge of taking of loan by his vendor from the Bank.
(3.) I considered the submissions of learned counsel for the petitioner and perused the facts of the case as well as the documents placed on record.;


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