Petitioner's claim is that they produced Shahzor Dala from respondent No.2 and also paid all the installments of loan but despite clearing installments, the respondent Bank and lease holder of Dala (respondent No.2) are not cooperating with the petitioners for transfer of vehicle and handing over relevant documents of Dala. On respondent's refusal to redress petitioner's grievance, they served them legal notice on 18-12-10 but still they did not respond positively to petitioner's grievance.
2. Process was issued for the appearance of respondents but they did not turn up despite service.
They were, therefore, proceeded exparte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 & EX-P2 and documentary evidence to support his claim i.e. Copy of legal notice EX-P3, Sky net receipts EX-P4 to EX-P5, statement of mark-up account EX-P6 to EX-P7 and affidavit EX-P8.
3. Petitioner's contention heard and record perused.
4. There is no denying the fact that suit Dala was "sold" to respondent No.2 but his ownership in the vehicle could mature only after paying off all the installments of "Dala". Till such payment, ownership rights in the vehicle be longed to the Bank and not respondent No.2 who was not competent to sell the vehicle to petitioners, therefore, the petitioners have got no locus standi or any cause of action for the reason that no one can transfer a title batter than his own. The petitioner admittedly entered into an agreement with respondent No2 wherein the respondents Bank is not a party, therefore, the respondent Bank is not bound by the deal between petitioners and respondent No2. As the impugned agreement was executed between petitioners and respondent No.2, therefore, the petitioners may seek specific performance of said agreement through Civil Court and in case they still feel aggrieved against respondent Bank, they may approach the Banking Court, if advised so.
5. For what has been stated above, petition is disposed of with the observation that the petitioners may seek their remedy through a court of competent jurisdiction, if advised so. After completion, file be consigned to record room.