Introduction:

A borrower faces recovery. About to be dispossessed, she approaches the Court, pleads many things, but abandons all in the end, then seeks only one relief: a couple of weeks’ time to vacate. Court grants it. She violates. Then a stranger emerges from the litigious shadows. Claiming to be a tenant, he goes to the Tribunal and gets the eviction stayed. The creditor, all his efforts to get the secured assets stultified, files a contempt case, the alleged tenant added to the proceedings. Can the borrower suffer for the tenant’s assertion? Conversely, can the tenant suffer for the borrower’s breach?

Facts:

2. Petitioner Jayalakshmi N. Pillai borrowed two loans: a housing loan and a mortgage loan, in 2012, by mortgaging her immovable property. With that loan she built a house, but she defaulted on the loan repayment. To recover the loans, the Bank issued a notice under Section 13 (2) of the SARFAESI Act. Then Jayalakshmi filed WP (C) No.4624 of 2017.

3. Through a judgment, dated 22.06.2017, this Court allowed Jayalakshmi to pay the loan arrears in ten equal monthly instalments, along with regular instalments. Jayalakshmi did not pay.

4. Left with no other option, the B