A suit in O.S. No.311 of 1997 was filed i for a declaration that the plaintiffs therein are purchasers of the entire land measuring 21.65 acres ii that they were raiyats in respect of the land and iii for permanent injunction restraining Hanuman Foundries Ltd., the appellant and other guarantors and the United bank of India from interfering with their possession.
At this stage an application for temporary injunction was filed in suit No.311 of 1997 and that temporary injunction was granted initially.
On that basis the Division Bench held that the temporary injunction should be granted subject to certain companyditions.
Hence these appeals.
A sale certificate had been issued in this regard which was subsequently amended to include within its fold the entire disputed land and record of rights indicating the possession of the land with the respondents.
Thereafter the application filed for bringing the property to auction in proceedings arising out of the decree in T.C.No.2 of 1996 and the application for grant of temporary injunction in the other suits were taken up together by the learned Single Judge of the High Court.
It appears the same property had been also mortgaged to United Bank of India and suit in T.C.No.2 of 1996 had been filed.
Pursuant to that sale the companytesting respondents claim to have purchased the property in question.
The claim of companytesting respondents as raiyats was also number justified as the said land was in possession of the Court on the date of vesting in West Bengal Government.
The properties in question had been mortgaged to Bihar State Finance Corporation and a Suit had been filed under the provision of Section 31 of the State Finance Corporation Act, 1951 for recovery of the amount and bringing the property for sale for recovery of monies lent by it.
The Appellate Court felt that serious questions had been raised for companysideration in the companyrse of the suit and therefore there was a prima facie case for companysideration.
In challenging this order, Shri Bhaskar P. Gupta, the learned senior Advocate for the appellant and Shri Dhruv Mehta and Smt.
2/1996 in the High Court of Calcutta by United Bank of India against Hanuman Foundries Ltd. for fore closure and sale of hypothecated land.
In the appeals, the Division Bench analysed the matter and is of the view that the property which had been brought to sale pursuant to a decree passed in favour of Bihar State Finance Corporation appears prima facie to have been purchased by the respondents.
Particularly the sale certificate that had been issued indicated that the appellant had purchased the properties in the auction sale.
A suit was filed in T.C.No.
In the meanwhile an application was filed in the proceedings arising out of the decree passed in T.C.No.2 of 1996 for a direction of auction of the property measuring 21.65 acres in terms of the order made by this Court in G.A. No.
Aggrieved by that order appeals were filed before the Division Bench.
Pursuant to a decree passed by the Court, the Court receiver sold on 29.8.1990 the hypothecated property which was subsequently challenged before this Court and the said sale was set aside and the matter was remanded to the High Court for companyduct of the sale in accordance with the law by auction after due publication of the sale to enable all the intended bidders to participate in the sale.
J U D G M E N T RAJENDRA BABU, J. LITTTTTTTJ These appeals arise out of interlocutory applications filed in two suits.
Subject to making of these observations the appeal was allowed by this companyrt.
3178 of 1997.
The learned Single Judge held that the companytesting respondents have numbermanner of right to the land in question and dismissed the application for interim injunction and allowed the application directing sale of the mortgaged properties.
