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2020 (9) TMI 122 - AT - Insolvency and BankruptcyThreatening and obstructing Liquidator from taking action in respect of the property - Appellant states that the Appellant has even paid property tax and thus, he claims that the Appellant is entitled to protect his possession - HELD THAT:- In law, possession would require two elements – one, ‘corpus’ and the other is ‘animus’. Even if corpus is there, but animus to hold property by way of a confirmed right or title does not appear to be there. Merely being on property does not give title. The letter is not based on any resolution of Trust. The Appellant does not show that he is in possession as owner or tenant, or licensee as such. Only giving property to manage school at the place would not be sufficient for the Appellant, to claim possession, when the Corporate Debtor goes in liquidation. There are no error in the Impugned Order where it directs that the Appellant will not disturb or obstruct the possession of Liquidator with regard to the property concerned. However, it appears to us that the direction passed by the Adjudicating Authority quashing Civil Suit, is not legal - Even if such bar is there, it is not appropriate for the Adjudicating Authority to quash the concerned suit which is filed in the Civil Court. It would be for the Liquidator to move the concerned Civil Court pointing out the provision of IBC or to move the District Court in the hierarchy for quashing of the Suit concerned. As regards the argument of the learned Counsel for the Appellant that the Liquidator has in the MA claimed rent in the prayer and so the Liquidator accepts that the Appellant should be treated as person liable to pay rent. What appears from the records and facts is that the Liquidator claimed that the Appellant should pay the rent “for use of the Wada property”. Appeal allowed in part.
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