Rajni Sharma v. Canara Bank & Ors.
Case brief
What is this about?
Rajni Sharma v. Canara Bank & Ors., W.P.(C) 19014/2025, High Court of Delhi, decided 16.12.2025 (Justices Anil Kshetarpal and Harish Vaidyanathan Shankar). Challenge to DRAT New Delhi order dated 02.12.2025 in Appeal No.356/2019 dismissed. Key points: mortgage of suit property (No. B-36, 60 sq. yds., Khasra No.214, Bindapur, Uttam Nagar, New Delhi-110059) by Sh. Beg Ram in favour of Canara Bank on 12.01.2006; petitioner's purchase via sale deed dated 11.02.2011 from Sh. Rajiv Kumar through GPA Sh. Raj Kumar; subsequent purchaser's rights subservient to prior mortgagee; claim as bona fide purchaser with superior right rejected; alleged fraudulent GPAs/agreement to sell of 06.05.2003 and sale deed 10.09.2003 noted; petition and pending CM applications dismissed.
What did the court decide?
The rights of the Petitioner are subservient to the rights of the Mortgagee, which were prior in point of time; therefore the Petitioner's claim to be a bona fide purchaser or to have any superior right over the Mortgagee does not stand. Finding no merit, the Petition along with pending applications is dismissed.