UNION BANK OF INDIA Vs. VEENA AGGARWAL

JUDGEMENT

(1.) MR . Justice J.M. Malik, Chairperson -This appeal shall decide the rights of the third party who had purchased the non -mortgaged disputed property and obtained the possession before the action for recovery of possession was initiated against her.

(2.) THE facts germane to this appeal are these. Plot No. F -365, Indira Vihar Residential Colony, Kota belonged to M/s. RIICO. RIICO allotted this plot in the name of Smt. Shashi Prabha Jain vide allotment letter dated 2.12.1999 and executed lease deed of this leasehold plot on 21.4.2000.

(3.) THE appellant Bank filed an application for attachment of certain property belonging to the judgment debtor Smt. Shashi Prabha Jain. The list of property also included the abovesaid property. Vide order dated 19.12.2003, the Recovery Officer attached the property in question also. Parties were heard and the Recovery Officer decided the said petition against Smt. Veena Aggarwal. The recovery officer came to the conclusion that notice of demand was served upon Smt. Shashi Prabha on 10.3.2003 and as such the sale deed dated 27.8.2003 is not valid.