PRADEEP NANDRAJOG, J.

1. We have heard the petitioner who appears in person as also learned counsel for the respondents.

2. OA No.249/2001 filed by respondent No.1 against Kashmiri Lal Babbar, carrying on business as sole proprietor of M/s.Chinu Plast (the principal debtor) and Vilas Babbar, who was the guarantor and had created an equitable mortgage of the first floor of the property I-4 and 5, Laxmi Nagar, Main Bazar, Delhi was allowed and to recover the dues the mortgaged property was put to auction.

3. The sale proclamation dated March 04, 2005 settled by the Recovery Officer DRT-I clearly indicated that the sale was on AS IS WHERE IS BASIS. Under the caption SCHEDULE OF PROPERTY, the property put up for auction was described as under:-

“Residential building (first floor) on a plot measuring 66½ square yards having a covered area of 598.50 square feet is available at I-4-5, Laxmi Nagar, Main Bazar, Delhi-110092.”

4. The auction was scheduled for April 28, 2005 but was adjourned to facilitate the prospective bidders to inspect the property. The auction was thereafter conducted and petitioner was declared the highest bidder and his bid was accepted.

5. The order confirm