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2019 (9) TMI 425 - AT - Money LaunderingMoney Laundering - provisional attachment order - proceeds of crime - Section 26 of Prevention of Money Laundering Act, 2002 - scheduled offences or not - violation of the provisions of sections 120-B read with 409, 420, 467, 468 & 471 of Indian Penal Code and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 - HELD THAT:- Tribunal is of the view that the property admeasuring 1180 sq. ft. was not involved in the offence of money laundering under Section 3 of the Prevention of Money laundering Act, 2002. From the entire gamut of the matter that the claim of the respondent with regard to 1080 sq. ft. is a civil dispute. Even tribunal has no jurisdiction to decide the same despite of the fact that the appellants have got the sale deed registered in their favour for the part of the said portion. This tribunal has also no jurisdiction to declare that the appellants are the owner of the entire land. It is disputed fact and it is to be decided in other forum and not here. It is also the admitted position that by virtue of sale deed dated 22.01.2007, only the vacant land 308 sq. ft. out of 1180 sq. ft. was purchased. For remaining portion, the appellant has merely produced the receipt in order to show that certain payment was made the actual owner. The possession of the appellants was not disputed by the counsel for the respondent. At the best, it may be the illegal possession. It is admitted position that no civil litigation is pending against the appellants for remaining portion either by the owner of the property or accused party or the bank. Thus, the inference cannot be drawn that the appellants have no right at all in view of having the possession since 2004. The period of 12 years in order to claim adverse possession also expired. No suit is pending against the appellants. The provisional attachment order is set aside - appeal allowed.
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