Raghuveer Singh v. Prathama Bank

Appeal Dy. No. 994/2022 Date: 07.12.2022

Raghuveer Singh Vs. Prathama Bank

Present: Shri Abhishek Khare, counsel for the appellant,

The present appeal has been filed against the final order dated 19.10.2022 passed by the DRT, Dehradun, whereby the S.A. No. 215/2022 filed by the appellant challenging the demand notice, possession notice and sale notice has been dismissed.

It is contended that the appellant is a third party to the proceeding and he is neither borrower nor guarantor to the loan availed by the borrower. It is further contended that the appellant is owner and is in possession of the land bearing Gata No. 215 situated at Bagaat Rustan Khani Tehsil, District Moradabad. It is also contended that the said land was purchased by the appellant from Mr. Bihari Lal, original owner and his ownership was recorded through Dakhil Rehan nama dated 01.06.1995 as per provision of section 164 of U.P. Zamindari Abolition and Land Reform Act, 1950 and since then the appellant remained in uninterrupted possession and absolute owner of the property in question. It is also contended that by some mistake, the property which was mortgaged with the Bank bears the Khata number of the appellant, which is not concerned with the borrower and the Bank and inspite of it, the Bank is proceeding against the appellant, who is totally a third party. It has been mentioned that the Bank is trying to construct the boundary wall over the property in question, therefore, a mention was made to take-up the case on urgent basis for hearing the interim relief, which was allowed.

In view of the submission made by the appellant, let the notice be issued to the respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the learned counsel for the appellant within a week. Affidavit of service along with tracking report be filed by the next date.