K.T. SANKARAN, J.

1. When this Writ Petition along with another Writ Petition came up for hearing before another Bench of this Court, the following questions of law were framed for consideration.

(i) Whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Securitisation Act’) has an overriding effect over

the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965? and

(ii) Whether a tenant under the provisions of the Kerala Buildings (Lease and Rent Control) Act of a premise which is the subject matter of Securitisation proceedings can be summarily evicted under Sections 13 (4) and 14 of the Securitisation Act irrespective of the protection available to him under the Rent Control Act?

2. According to the petitioners, they are tenants in a line building consisting of six rooms in Ward No.13 of Cherthala Municipality. The building belonged to the predecessor in interest of respondents 2 to 4. The second respondent availed a loan from the first respondent Bank in the year 2004. It is stated that respondents 2 to 4 have created security interest over the property as collateral security for