Umesh Prasad Sharma vs Allahabad Bank

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Sikk) 74

BHASKAR RAJ PRADHAN
Umesh Prasad Sharma – Appellant
Versus
Allahabad Bank – Respondent

Advocates appeared:
Mr. A. Moulik, Senior Advocate with Ms. K. D. Bhutia, Advocate, for the Petitioners; Mr. Sudesh Joshi, Advocate, for the Respondent No.1; Mr. Pratap Khati, Advocate, for the Respondent Nos. 2 & 3; None, for the Respondent Nos. 4 & 5

Table of Content
1. ancestral property claims (Para 1 , 2 , 3 , 4 , 5)
2. property and financial obligations (Para 6 , 9 , 10 , 11)
3. legal precedents on property rights (Para 13 , 14)
4. alternative remedies in law (Para 15 , 18 , 21)
5. self-acquired vs ancestral property (Para 24 , 26 , 27)
6. dismissal of writ petition (Para 28 , 29)

JUDGMENT

Bhaskar Raj Pradhan, J. - The petitioners were not parties before the Debts Recovery Tribunal (the Tribunal). They are adult sons of the respondent no.4 who was proceeded against before the Tribunal having stood as guarantor for the loan taken by the respondent no.2 from the respondent no.1 in Case No.TRC /127/2018 in re: Allahabad Bank vs. M/s Majestic Printers and Publishers and Ors. The respondent no.4 had for that purpose mortgaged the landed property in dispute (the property) to the respondent no.1 as a guarantor. The respondent no.3 wife of respondent no.2 was also a guarantor. The respondent no.2 was the Certificate Debtor no.2 and the respondent no.4 was Certificate Debtor no.3.

2. They have approached this court under Article 227 of the Constitution of India seeking for quashing of the order dated 13.11.2019 (impugned order) purportedly p