CS (OS) 1727/2012

Jayant Nath, J.—The present suit is filed by the plaintiff seeking a decree of declaration and mandatory injunction. The plaintiff is stated to have purchased the suit property from defendant No.1 vide sale deed dated 19.05.2009. The property in question is half undivided share in property bearing No.51/4-B, Desh Bandhu Gupta Road, Karol Bagh, Delhi-110005 admeasuring 576.53. square yards. It is urged that symbolic possession was handed over to the plaintiff at the time of sale inasmuch as defendant No.2 Bank was a tenant in the suit property running its currency chest from the entire two and a half storied building. It is stated that the plaintiff rigorously followed up with defendant No.1 as despite being a tenant of the premises, defendant No.2 was paying no rent to the plaintiff. After rigorous follow up, defendant No.2 through its counsel sent a notice dated 17.07.2010 where it was pointed out that defendant No.1 in order to avail a term loan and cash credit facility from defendant No.2 has created equitable mortgage on the suit property by deposit of original title deeds. It was pointed out that defendant No.1 has availed a term loan of ‘1.65crores and c