RE: SELLING THE PROPERTY UNDER SCHEDULE “KHA” A/C. COMPANY 1.
We refer to your letter vide ………………..dated 26.01.2008 on the above subject matter.
From the perusal of your letter and other documents referred to us it is apparent that the Bank 1 (“BANK 1”) called tender for selling of the property mentioned in the schedule “Kha” in Artha Jari No. 123/2007 and accordingly auction was held. BANK 1 accepted the highest bidder’s (“auction purchaser”) price vide letter No. ……………. But BANK 1 could not handover the same to the auction purchaser due to the interim injunction granted in Title Suit No. ……………. by the learned 5th Joint District Judge, Dhaka vide order No. 9 dated 02.10.2007 and some other reasons. The said interim injunction is vacated now by the subsequent order of the learned Court vide No. 11 dated 14.11.2007.
In these circumstances, you have referred the matter to us for our opinion regarding the procedure to hand over the schedule land to the auction purchaser.
From the fact we understand that schedule of Title Suit 151/2007 pending in the 5th Joint-District Judge, Dhaka and schedule “Kha” of Artha Jari No. …………. pending the 4th Artha Rin Court, Dhaka is same. BANK 1 sold the said property to the auction purchaser, but could not take over the possession and hand over the same to auction purchaser because the learned 5th Joint District Judge, Dhaka imposed ad-interim injunction upon BANK 1. Thereafter the said ad-interim injunction is vacated on 14.11.2007. Now there is no legal bar to take over the possession of the said property from the occupant and hand over the same to auction purchaser.
In such situation BANK 1 should try to take over the possession of the property through 4th Artha Rin Court, Dhaka by filing a petition under Section 33(7A) of Artha Rin Adalat Ain-2003, if the occupant does not handover the possession of the property to BANK 1. Then BANK 1 should execute sale deed in favour of auction purchaser and register the same with the concerned Sub-Registrar Office upon mutating the property in the name of BANK 1.
If you have any further inquiries please do not hesitate to contact us.
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