Important Point – Protection provided under Section 53A of Transfer of Property Act, 1882 to proposed transferee is shield only against transferor.

RAJIV SAHAI ENDLAW, J.

1. This petition under Article 226 of the Constitution of India and impugning the order dated 1st April, 2017 of the Debt Recovery Tribunal – III, Delhi (DRT) as well as the orders dated 9th March, 2017 and 16th March, 2017 of the Debt Recovery Officer - I of DRT-III and seeking to restrain the respondent No.1 State Bank of Indore (Bank) from taking any coercive step in pursuance thereto was listed on urgent mentioning on 1st April, 2017 (holiday) and the counsel for the petitioner heard and the following order was passed.

"Learned counsel for the petitioner has submitted that none other than the petitioner and his family members are in possession of the property in question.

We have heard learned counsel for the petitioner.

Order reserved.

Till the order is pronounced, the Receiver may proceed to take the juridical possession of the property in question i.e., the Ground Floor of E-20, Anand Niketan, New Delhi, however, the actual physical possession of the petitioner may not be disturbed, subject to the condition that the petitioner shall not alienate or part with the possession and deliver possession to any third party till the pronouncement of the order.

This order shall not come in the way of continuation of the proceedings, if any, pending before the DRT.

Order Dasti under the signatures of the Court Master.”

2. A perusal of the paper book shows the case of the petitioner is:

(i) that M.L. Grover and Sumitra Grover being the father and mother respectively of the petitioner were the perpetual lessee of the land admeasuring 285.80 sq. yrd. underneath E-20, Anand Niketan, New Delhi and the owners of the house constructed thereon;

(ii) that M.L. Grover, father of the plaintiff, died on 28th May, 1974 leaving Sumitra Grover as his widow, petitioner Munish Grover as his son and Suchita Bhambri and Ruchita Mehra as his daughters as his only legal heirs;

(iii) that the mother of the petitioner Sumitra Grover vide unregistered agreement to sell dated 21st November, 1987 agreed to sell the entire property to her daughter Suchita Bhambri for a total sale consideration of Rs. 5,50,000/- and undertook to get relinquishment executed in her own favour from the petitioner and Ruchita Mehra and in part performance thereof delivered possession of the property to Suchita Bhambri and also authorised Suchita Bhambri to raise further construction on the property and executed a General Power of Attorney in favour of the said Suchita Bhambri;

(iv) the petitioner, Suchita Bhambri and Ruchita Mehra executed and registered on 12th September, 1988 a registered deed relinquishing the shares inherited by each of them out of the share of their father M.L. Grover in the said property in favour of their mother Sumitra Grover, making their mother Sumitra Grover the sole absolute owner of the property;

(v) Suchita Bhambri vide unregistered agreement to sell dated 21st August, 1989 agreed to sell the ground floor of the property to the petitioner for a sale consideration of Rs.2 lakh and delivered vacant, peaceful and physical possession of the said ground floor of the property to the petitioner;

(vi) Sumitra Grover, mother of the petitioner instituted suit No. 1805/1995 of this court against the petitioner and his sisters Suchita Bhambri and Ruchita Mehra for partition of the aforesaid property;

(vii) vide interim order dated 30th May, 1997 in the said suit, the application of the petitioner to restrain his mother Sumitra Grover from dealing with the property was disposed of on the statement of the counsel for Sumitra Grover that she was not going to sell, alienate or create any third party rights in the property;

(viii) the mother of the petitioner Sumitra Grover on 30th October, 2013 withdrew CS(OS) No. 1805/1995 stating that she did not want to pursue the suit, being of old age;

(ix) the petitioner for the first time on 11th December, 2007 became aware of the claim of the Bank, of Sumitra Grover having created equitable mortgage of the p