Rajesh Balia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition is filed by the petitioner. The petitioner purchased the property in question at an auction held on 21,3.1990 by the Rajasthan Financial Corporation in exercise of its power under Section 29 of the State Financial Corporation Act. After the petitioner had obtained possession of the property, the first demand, which the petitioner received from the respondent District Industry Centre, was dated 9.4.1991 calling upon the petitioner to pay the amount due to District Industry Centre, Jodhpur, which was due to M/s. Jodhpur Auto Agric Products as the property purchased by the petitioner was subject to second charge in favour of the Centre, for the loan of margin money advanced to M/s. Jodhpur Auto Agric Products whose property the petitioner has purchased at auction conducted by the Rajasthan State Financial Corporation as aforesaid. The petitioner disputed his liability to pay that amount on the ground that he has purchased the property only subject to liabilities payable to RIICO, RFC and RSEB, no other liability was made subject to auction and therefore, he is not liable to discharge debt payable by the original debtor.
(3.) IN response to this, the petitioner was informed by the District Industry Centre that the sale agreement between the petitioner and the RFC contains a condition that he has to accept all other liabilities due to M/s. Jodhpur Auto Agric Products and, therefore, he has purchased property subject to all the liabilities of the original owner of the unit and he is liable to discharge the debts of M/s. Jodhpur Auto Agric under the agreement also.;