SHARAT CHANDER KHANDELWAL Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) 1st respondent-Bank, Central Bank of India (hereinafter referred to as 'the respondent-Bank') filed the Original Application against (1) M/s. Damask International, (2) Mrs. Kiran Dua and (3) Mr. Surinder Kumar for the recovery of the money due to it. The respondent-Bank alleged that the 3rd defendant-Surinder Kumar had equitably mortgaged 2 Bighas and 8 Biswas of land in Khasra No. 25/21 situated in the Revenue Estate of Village Safipur, Ranhola, and prayed (among others) for an order for the sale of this property.

(2.) In pursuance of the Recovery Certificate issued by the Debts Recovery Tribunal-1, Delhi (hereinafter referred to as 'the DRT'), the learned Recovery Officer ordered the attachment of mortgaged property by his order dated 30.4.2001. The appellants who are third parties, filed their objections before the learned Recovery Officer urging that they have purchased the land measuring 1015 square yards in Khasra No. 25/21 situated in the Revenue Estate of Village Safipur, Ranhola, from Sh. Ashok Kumar Aggarwal as per the Agreement to Sell, General Power of Attorney and Receipt, all dated 3.6.1991 as also an Affidavit executed by Sh. Ashok Kumar Aggarwal. The appellants averred that they are in possession as owners thereof, but their property has been wrongly attached. Therefore, the appellants prayed to drop the attachment and other further proceedings against the property, over which they claim right of ownership and possession.

(3.) AGGRIEVED the appellants filed appeal 11/2002 before the DRT. The learned Presiding Officer dismissed the appeal in limine observing that the Revenue record shows that the property in question, allegedly purchased by the appellants from Ashok Kumar Aggarwal, has already vested in the Gram Sabha under Section 81 of the Delhi Land Reforms Act in the year 1993 and, therefore, the appellants have no locus standi to file the appeal, since, the appellants are left with no interest in the property after the property vested with the Gram Sabha.