IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.11.2011 C.W.P.No.21133 of 2011 Rashvir Kaur ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE G.S.SANDHAWALIA Present : Mr. S.K.Sandhir, Advocate, for the petitioner. Mr. A.P.S.Mann, Addl. AG, Punjab, for respondent Nos.1 & 2. Mr. S.S.Pathania, Advocate, for respondent Nos.3 to 5. HEMANT GUPTA, J. (Oral) Challenge in the present petition is to the proclamation of sale (Annexure P-12) issued by the Debts Recovery Tribunal, Chandigarh with date of auction as 18.11.2011. The petitioner is the legal heir of Ajmer Singh, who was said to be the owner of House No.B-XVIII-1041/84-L, Model Town, Ludhiana. It is the stand of the petitioner that said Ajmer Singh has not been heard of since 1999, whereas one Gulshan Pahwa is claiming to be the owner of the property on the basis of sale deed dated 27.07.2004 allegedly executed by Ajmer Singh. The said sale in favour of Gulshan Pahwa is allegedly by impersonation of Ajmer Singh by the petitioner. The property has been mortgaged in favour of the Bank. Since there was defaults committed in respect of the loan availed by Gulshan Pahwa, the property is being put to C.W.P.No.21133 of 2011 sale by the Bank to recover the amount due against the property mortgaged in its favour. Learned counsel for the petitioner has vehemently argued that the sale deed dated 27.07.2004 is an act of impersonation and the petitioner has filed a suit challenging the said sale deed. Gulshan Pahwa has also filed a civil suit claiming declaration to the effect that the sale deed dated 27.07.2004 is illegal, null & void. The criminal cases have also been initiated in respect of alleged sale executed by Ajmer Singh. The question, which arises for consideration is; whether the sale deed dated 27.07.2004 is executed by Ajmer Singh or is an act of impersonation or fraud or misrepresentation. Such disputed question cannot be adjudicated upon in the writ petition. Consequently, the present writ petition is disposed of with liberty to the petitioner to raise the question of title before an appropriate Forum in accordance with law. It is needless to say that in CWP No.5883 of 2007, this Court has also stayed the dispossession of the petitioner. (HEMANT GUPTA) JUDGE 28.11.2011 (G.S.SANDHAWALIA) Vimal JUDGE 2