Shivaraj V. Patil JUDGMENT
S. Rajendra Babu, J.
1. These appeals arise out of interlocutory applications filed in two suits. A suit was filed in T.C. No. 2/1996 in the High Court of Calcutta by United Bank of India against Hanuman Foundries Ltd. for force closure and sale of hypothecated land. 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 conduct 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. It was also made clear that if any party has got any right or remedy, the same has to be worked out elsewhere according to law without widening the scope of the suit and not in this suit. Subject to making of these observations the appeal was allowed by this court.
2. 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. 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. 3178 of 1997. At this stage an application for temporary injunction was filed in suit No. 811 of 1997 and that temporary injunction was granted initially. 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. The learned Single Judge held that the contesting respondents have no manner of right to the land in question and dismissed the application for interim injunction and allowed the application directing sale of the mortgaged properties. Aggrieved by that order appeals were filed before the Division Bench.
3. 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. Pursuant to that sale the contesting respondents claim to have purchased the property in question. 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.
4. 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. A sale certificate had been issued in this reg........