Auction Sale - Plaintiff paid sale consideration for land measuring 54 cents,but was handed over possession of only 39.60 cents - Suit for damages/compensation with respectto land which was not transferred - Maintainable before civil court

Citation

AIROnline 2022 SC 913

(2022) 8 MLJ 480

SUPREME COURT

M. R. SHAH , J. and KRISHNA MURARI , J.

Civil Appeal No. - 7128 of 2022 D/- 17 - 11 - 2022

Leelamma Mathew v. Indian Overseas Bank and Ors.

(A)Specific Relief Act (47 of 1963), S.22 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (54 of 2002), S.34 - Suit for recovery of damages

- Quashing and setting aside of decree - On ground that suit was barred in view of S.34 of SARFAESI Act - Auction Sale - Plaintiff paid sale consideration for land measuring 54 cents,

but was handed over possession of only 39.60 cents - Suit for damages/compensation with respect

to land which was not transferred, could not have been decided by DRT or Appellate Tribunal

- S.34 is applicable only in a case where DRT and/or Appellate Tribunal is empowered to decide

matter under SARFAESI Act - Plaintiff was not challenging sale or sale certificate - Plaintiff

claimed damages/compensation with respect to deficiency in area concerned - In view of same,

High Court erred in holding that suit was barred by S.34 - Order of High Court, set aside -

Judgment and decree passed by Trial Court restored.

 (Paras 5.2 , 6)