favour of the Applicant in respect of the schedule property. Admittedly, the said document was executed subsequent to the creation of mortgage in respect of the schedule propert5r in favour of the lst Respondent Bank by the 2nd Respondent. So, when the schedule property was mortgaged way back in the year 2orz, any subsequent sale transaction in respect of the schedule property will be only subject to the mortgage created by the 2"a Respondent in favour of the l"t Respondent Bank. A perusal of the said Agreement of Sale d,t.26.O7.2O21 makes it clear that it was not executed on a proper stamp paper and not registered and sale consideration was shown as Rs.2.00 crores and it is mentioned that out of the said consideration, Rs.20.00 lakhs was paid by the Applicant towards advance. As the Applicant is a third-party to the loan transaction, there is no obligation on the lst Respondent Bank to serve on him any possession Notice u/s. 13(4) of the SARFAESI Act. No material is placed by the Applicant to estabrish that in pursuance of the said alleged Agreement of Sale, the 2nd Respondent has delivered the possession of the schedule property to him. The schedule property is a house propert5r and if really the Applicant is in occupation of the schedule property, he has to establish the same by placing necessary documents. As per the documents filed by the l.t Respondent Bank, it is very clear that only by following due procedure laid down under the SARFAESI Act, the lst Respondent Bank is trying to take physical possession of the schedule property, which is mortgaged by the 2nd Respondent. So, when the l"t Respondent Bank is proceeding in accordance with law against the schedule property to recover its dues from the 2.d who is not having any right or title, is not proceedings initiated by the lst is interested in the schedule to purchase the said property in would be conducted by the lst property.
