IMPORTANT POINT
A tenant's rights under an unregistered lease are limited, especially when the lease is created after mortgage notices, necessitating registration for longer terms to ensure legal protection.

ORDER :

(Per Subba Reddy Satti, J)

The Writ Petition is filed seeking the following relief:

“… … to issue an appropriate order or direction, more particularly, one in the nature of Writ of Mandamus, declaring that the action of the Respondents bank in high handedly threatening to dispossess and take physical possession of the petitioner’s leasehold property/rented premises namely Flat No.101 and Flat No.102 in Sree Ramji’s Arcade, situated at D.No.8-345, in R.S.No.192/2A, Bypass road, Valivarthipadu panchayati, Gudivada in pursuance of the notice of the advocate commissioner dated 25.04.2024 affixed on 16.05.2024 as per orders passed in Crl.M.P.No.82/2024 in C.F.122/2024 and Crl.M.P.No.83/2024 in C.F.123/2024 on the file of the Chief Judicial Magistrate, Machilipatnam granting 7 days time to vacate the property else threatened to lock and key the premises and dispossess by police force without considering the representation and Rental Agreement/lease deed and other evidence as a lessee submitted by the petitioner is arbitrary, illegal, unjust and whimsical and violative of Article 21, 19(1)(g), 300A of the Constitution of India besides in utter breach of principles of natural justice and fair play and consequently direct the respondents bank not to interfere and dispossess the petitioner with his possession … …”

2. Petitioner claiming to be a tenant of Flat Nos.101 and 102 in Sree Ramji’s Arcade, situated at D.No.8-345, in R.S.No.192/2A, Bypass road, Valivarthipadu Panchayat, Gudivada, filed the above writ petition.

3. Facts in the affidavit, in brief, are that notices dated 25.04.2024 were affixed at Flat Nos.101 and 102 on 16.05.2024 according to order in Crl.M.P.No.82/2024 in C.F.122/2024 and Crl.M.P.No.83/2024 in C.F.123/2024 on the file of the Chief Judicial Magistrate, Machilipatnam. Seven days were granted to vacate the premises. Respondents 4 and 5 are the owners of Flat Nos.101 and 102. Petitioner entered into a lease agreement dated 05.01.2023 on a monthly rent of Rs.4,500/- per each of flats for five years commencing from 05.01.2023. Petitioner also filed suit O.S.No.49 of 2024 on the file of Principal Junior Civil Judge, Gudivada, against respondents 4 and 5. I.A.No.158 of 2024 was filed for grant of interim injunction and the civil Court granted ad interim injunction on 06.03.2024.

b) Petitioner informed respondents 4 and 5 about affixing notices, who, in turn, informed the petitioner about their filing W.P.No.6477 of 2024 and also assured him to settle the matter. The petitioner filed objection petitions on 20.05.2024 before the Chief Judicial Magistrate, Machilipatnam, however, the same was returned with certain objections. The petitioner has been a tenant since 2015 and did not know of any transaction between respondents 4, 5 and the respondents 1 to 3. With these averments, the above writ petition is filed.

4. Heard Sri Anand Seshu Popuri, learned counsel for petitioner and Smt.Dyumani, learned standing counsel for respondents 1 to 3.

5. Learned counsel for the petitioner while reiterating the contentions as per the averments made in the affidavit, would submit that seven days granted would expire by 23.05.2024 and the petitioner will be dispossessed. He would also submit that lease in favour of the petitioner is subsisting and hence, the order passed by the learned Chief Judicial Magistrate, Machilipatnam is contrary to Section 65-A of the Transfer of Property Act, 1882 (for short “the Act”).

6. Learned standing counsel for respondents 1 to 3 would submit that notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”) was issued to respondents 4 and 5 on 01.08.2019 and 11.11.2019. She would also submit that since the alleged unregistered lease is after the issuance of notices, the petitioner cannot claim any right as a tenant. She would submit that the petitioner having filed objection petitions before the criminal