Safaesi act, 2002

Firuz Khan (Querist) 09 July 2015 This query is : Resolved
A person X borrowed loan in the year 2006 mortgaging a plot of land over which he had no possession. X filed a title suit in the year 2008 against Y who had the possession of land. X filed the case for declaration of right title interest and for eviction of Y. In the year 2014 bank evicted Y for non payment of loan by X. After 40 days X paid all the loan and keys of Y's house given to him by the bank. Y approached high court wherein he was asked to go to DRT. DRT says everything is done as per SARFAESI act so there is no wrong in the action of bank. Y again approach high court his petition was again rejected and he was asked to go to civil court. Is civil court proper place for Y?

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P. Venu

(Expert) 10 July 2015
Your story is less than convincing.

Rajendra K Goyal (Expert) 10 July 2015
X has got vacated his premises tactfully. After vacating of the premises, there exist negligible merit in the claim of Y. However, he can approach court if he so wish.

Biswanath Roy (Expert) 14 July 2015
Once 'Y' was dispossessed by the Bank and took possession of the mortgaged property by application of the provisions of SARFAESI ACT 'Y' has no chance to get back his possession over the subject property.

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Safaesi act, 2002

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