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DEBT RECOVERY APPELLATE TRIBUNAL
G. Chandrasekaran, Chairperson
P. Mageshkumar – Appellant
Versus
Chief Manager/Authorised Officer, Bank of Baroda – Respondent
| Table of Content |
|---|
| 1. procedural background and summary of sa no. 119/2008 dismissal. (Para 1 , 2 , 3) |
| 2. examination of chain of title and validity of property transfer documents. (Para 4 , 5 , 6 , 11 , 12 , 13 , 15 , 16 , 17) |
| 3. arguments concerning drt jurisdiction over title disputes versus security interest enforcement. (Para 7 , 8 , 9 , 18) |
| 4. tribunal's finding on superior title and incidental power to invalidate sarfaesi measures. (Para 19 , 20) |
| 5. final order setting aside the lower court decision and allowing the appeal. (Para 21 , 22 , 23 , 24) |
ORDER
1. Aggrieved against the order of the Learned Presiding officer, DRT-II, Chennai dated 27.11.2009 passed in SA No.119/2008, appellants, who lost their case before DRT, filed this appeal under Section 18 of the SARFAESI Act.
2. Brief facts leading to filing of aforesaid SARFAESI application are that, appellants are the joint owners of the property concerned in this case, by virtue of purchase from one Akbar Ali and Ms. Jarina Begam for a valid consideration through registered Sale Deed dated 16.6.2006. Possession Notice dated 17.10.2008 was pasted on the outdoor of the appellants’ premises. Appellants came to know from the notice tha
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