An application must be filed before the court concerned where such an affidavit has been given so that it may take cognisance and summon the persons who have given the false affidavit. The application under s. 340 should be filed so that they can be punished for perjury.

1. File an O.P. in DRT challenging notice issued by under Section 13 (4). File interim application producing documentary proof of  possession since last 30 years like electric connection, water bill and correspondences received on house address and obtain stay of auction proceedings. You will get stay on the basis of  documentary proof.
2. After that file an application under Section 340 of Criminal Procedure Code, 1973 in the DRT seeking forwarding of your complaint against bank for giving false evidence in judicial proceedings. DRT will forward your complaint to police for filing of FIR, investigation, submitting of charge sheet after investigation and after trial convict the accused. Punishment for  giving false evidence by affidavit is seven years imprisonment.

If the orders passed by CMM court has aggrieved you then you can prefer an appeal for the reasons and grounds you rely upon.

The burden to prove your case lies on you which should be substantiated with the documentary evidence

file complaint against bank officer and bank before CMM court under section 340 of crpc read with relevant sections of 1PC for making false statement on oath 

Also file application before DRT to direct bank to hand over possession of premises taken on basis of false affidavit 

You say that the bank's affidavit states that the mortgaged property has no tenant or third party possession, but you claim that "we have proof of continuous possession from the last 30 years". Who has been in possession, you or a third party? If a third party tenant has been in continuous possession for 30 years, will they not claim ownership by adverse possession? If you as the owner have been living there for 30 years, it does not and cannot legally prevent the bank from taking possession under the Sarfaesi Act. Please weigh all the relevant facts carefully before you challenge the affidavit. 

Hello, 

Was the order passed ex parte or you were the party to the proceedings. 

Also, please share a copy of the order with us in order to tender concrete advice. 

Please share all the facts in detail. 

Regards 

You can file perjury case against the bank official and also seek compensation from the  bank

HC would not intervene as you have alternative remedy 

you can approach DRT for necessary reliefs to set aside order taking physical possession 

File a writ petition stating all these facts so that a stay can be obtained and the fraud investigated. An fir should also b3 filed against the person who has the registered sale deed in his name and who took th3 loan.

We will have to file a fresh writ petition and take immediate stay

You can do as aforesaid

You my be living in the said property continuously but there is no registered sale deed on your name to prove your clear and marketable title to the property.

The GPA deed is not the title deed.

The person who purchased this property by a registered sale deed cleverly and cunningly planned to avail loan from bank by pledging the property documents as collateral and defaulted the loan intentionally because he had no intention to repay the loan.

He knew that the bank will  automatically  take action to recover the loan amount by attaching the proeprty and bringing it to auction sale.  He knew that the bank may not be able to cannot be evicted so easily as you reside in that property for over three decades. 

However you must understand the fact that you are neither a owner nor a tenant in that property  and as far as bank is concerned you are an unauthorised occupant in that property which has been mortgaged by the property owner for a loan amount. 

You may consul a local lawyer and take legal steps first to stop the bank from taking physical possession of the property by obtaining a stay order from high court by filing a writ petition.

Simultaneously you can file a declaration suit to declare your title based on adverse possession 

As you say you have been in possession and living in the property since 1991 continuously, you are legally entitled to claim it by virtue of adverse possession. But you cannot claim it on the basis of the GPA and affidavit alone. You need to file an application before the DRT and pray for a stay of further action by the bank. The CMM court has no jurisdiction in this matter.

Dear Client,

                 Sub-section (3) of Section 14 of the SARFAESI Act provides that no act of the Chief Metropolitan Magistrate or the District Magistrate or any officer authorised by the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of Section 14 shall be called in question in any court or before any authority. The SARFAESI Act, therefore, attaches finality to the decision of the Chief Metropolitan Magistrate or the District Magistrate and this decision cannot be challenged before any court or any authority.

Recourse to remedies provided under Section 13(4) in case of failure to discharge debt: In case the secured debt is not discharged within the notice period (sixty days), the Secured Creditor can enforce security interest and take one or more of the actions as enumerated in the Section13 (4) of the act.These include the right to: Take the possession of the secured assets of the borrower. This includes the right to transfer by way of lease, assignment or sale for realising the secured asset.Take over the management of the business of the borrower. This also includes the right to transfer by way of lease, assignment or sale for realising the secured asset. However, in case of taking over the management of the business, the right to transfer shall be exercised only where the substantial part of the business of the borrower is held as security for the debt. Additionally, in case the management of the business is severable, the secured creditor shall take over the management of such business of the borrower which is relatable to the security or the debt. Appoint any person as the ‘Manager’ to manage the secured assets the possession of which has been taken over by the secured creditor.Require any person who has acquired any of the secured assets from the borrower and from whom any money is due or may become due to the borrower, to pay the dues to the secured creditor. Such demand must be accompanied by written notice. The payment made by such person to the secured creditor shall give a valid discharge as if he has made payment to the borrower.In case the dues of the secured creditor (including the costs, charges and expenses incurred) are tendered at any time before the date fixed for sale or transfer, the secured asset shall not be sold or transferred by the secured creditor, and no further step shall be taken by him for transfer or sale of that secured asset. [Section 13(8)]

Thanks & Regards