ASHOK BHUSHAN, J.

1. These three Writ Appeals arise out of a common judgment dated 19.01.2016 delivered in W.P.(C) Nos.30016 of 2015, 33407 of 2015 and 33798 of 2015. Writ Petitions were filed challenging the order dated 18.08.2015 passed by the learned Chief Judicial Magistrate, Kozhikode by which order the learned Chief Judicial Magistrate allowed the applications filed by the United Bank of India under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the 2002 Act”) for getting possession of the properties covered by Exts.P3 to P13, whereas the applications for taking possession of properties covered by Exts.B1 and B2 were rejected. Writ Petitions were filed by the petitioners who claim to be tenants of the properties, Exts.B3 to B13, challenging the orders passed by the learned Chief Judicial Magistrate which Writ Petitions have been dismissed by the learned Single Judge. Aggrieved by the judgment of the learned Single Judge, these three Writ Appeals have been filed. It shall be sufficient to refer to the facts in W.P.(C) No.30016 of 2015 giving rise to W.A. No.135 of 2016 for deciding all the Writ Appeals. Parties shall be referred to as described in the said Writ Petition.

2. First respondent, Young Men's Christian Association, Kozhikode, was established by a registered trust deed dated 22.05.1913. The 1st respondent held 93.44 cents of land in the Kozhikode city in which a two storied building was constructed. The 1st respondent applied for a loan of Rs.4 crores from the United Bank of India, 2nd respondent, for construction of the building. Loan of Rs.4 Crores was sanctioned by the 2nd respondent on 27.12.2004. An agreement dated 27.12.2004 was entered into between the parties, Ext.P3. Equitable mortgage of YMCA Commercial Complex existing on a plot of land in construction was created by deposit of title deeds vide letter dated 31.12.2004, Ext.P2. Under Annexure III of Ext.P3, agreement, repayment schedule of term loans, it was mentioned that “Rs.150 lacs on receipt of advance from prospective shop tenants within 6 months as and when received. Rest to be repaid by 120 equal monthly instalments of Rs.3,65,000/- each, starting from six months from the date of disbursement. Interest to be serviced during the holiday period.” An additional loan of Rs.50 lakhs was further sanctioned on 05.08.2005. The 1st respondent executed a registered lease deed dated 27.01.2005 in favour of the 1st petitioner for a period of 99 years with option to the lessee to renew the lease. The lease deed further reserved monthly rent. The lessee further deposited Rs.3 lakhs by cheque as refundable interest free security deposit. Shop room at the northern side of the first floor of the building, namely YMCA International Cultural Complex building having an area of 448.46 sq. ft. was leased out which was described in the site plan attached to the lease deed. Similar lease deeds were executed in favour of petitioners 2 to 9 between 25.1.2005 to 2006 for a period from 51 to 99 years on similar terms and conditions as narrated therein. All the lease deeds contained a condition for payment of lump-sum money as security deposit and monthly rent. Petitioners after obtaining lease deeds had put up walls, doors and windows and also carried out the flooring, interior plastering, etc. The premises were also allotted with door numbers by the local authority. First petitioner was allotted with Door No.6/875G. Some of the premises were allotted to different sub-tenants. The above lease hold premies were put in possession of the petitioners pursuant to the lease deeds and petitioners continued to be in possession of the leased premises. Due to the default committed by the 1st respondent in repaying the loan advanced by the 2nd respondent, proceedings we