I had purchased a property from DRT in the recovery proceedings against borrower X, he has already approached DRAT in this regard before conduction the auction sale proceedings and the DRAT has issued the conditional stay to pay 50% of the recovery amount on or before 1.5.2012, but the borrower has failed to comply the conditional and the stay vacated.
The sale was conducted on 27.07.12 by the Recovery officer,DRT. In the mean time the borrower filed a suit before the Sub-court by suppressing the above said facts and obtained stay on 05.07.12 and the suit was filed against the authorised officer and manager of the bank not to conduct the said .auction. But the actual sale proceeding was conducted by the Recovery Officer, DRT.
But the Recovery officer, DRT said that the stay will never bind over these auction sale proceedings and auction was conducted and i was declared as highest bidder. But the sale was not confirmed due to the sub-court intervention in this matter. so the Recovery officer said that "even though the stay against the bank officer sub-court shall be dismissed before the sale confirmation". Because the bank has to file an affidavit stating that there is no stay before any court before the sale confirmation. So the bank officers approached the Hon’ble High Court, Chennai. The High Court has directed the Sub-court to dispose the suit within 8 weeks from the date of the order. Further, the sub-court was dismissed the suit for default on 15.08.2013
After intervention of the Hon’ble High Court, Chennai the sub-court closed the stay petition and ripped the suit to trial. After the stay petition were closed, the bank filed affidavit stating that there is no stay before any court and the sale was confirmed on 15.03.2013 and the sale certificate was executed infavour of myself on 01.07.2013.
After all the legal formalities I have applied for a patta transfer before the Tahsildhar is still pending, due to the borrower’s objection as follows: 1) the property was assigned land by the government in 1987. 2) the Stay was granted by Munsif Court. 3) the restore petition before the Sub-court is pending.
Hence, the borrower filled the affidavit to restore the suit before the sub-court. The matter is posted for next month. In this petition the Authourised officer and the manager of the bank is the party. He stated in the petition 1) the property is agriculture property 2) its an assigned land by Government. (It’s already stated by him before the DRT in the OA & SA both application were dismissed on the ground no evidence were submitted by the borrower for agriculture crop and assigned land can be mortgaged to any citizen of india)
Also the borrower filed another emergent petition before Munsif Court and obtained stay against me not to disturb the peaceful possession over the property. In this petition he stated that I am a third party / unknown person with influence who’s disturbing the peaceful possession of him and obtained interim stay.
1) What shall I do now?? Shall I go with 7(11) petition before Munsif Court?
2) Shall I approach High Court?
Note:
a) Sub-judge belongs to his community.
b) Bank has filled the written statement stating that the auction was only conducted by the DRT and not by the bank.
c) Borrower always suppressing the facts and fraudulently obtained stay against me.
d) Hope Munsif Court will not entertain this suit against me.
) Property is a vacant site.
