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2022 Supreme(Ker) 1127

P. B. SURESH KUMAR, C. S. SUDHA
Mohan Sundaram – Appellant
Versus
Punjab National Bank, Rep. by its Chief Manager, Palakkad – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sreelal N. Warrier, B. Raghunandanan.
For the Respondent: Santheep Ankarath.

ORDER :

1. The tenants in five eviction petitions instituted under Sections 11(3) and 11(7) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) by a common landlord in respect of five different premises in a commercial complex, are the petitioners in these revision petitions. The eviction petitions were tried together. The landlord in the proceedings is a public sector Bank. The Rent Control Court rejected the claim of the landlord under Section 11(3) and ordered eviction of the tenants under Section 11(7). Though the Appellate Authority took the view that the landlord in a case of this nature ought to have invoked the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), it dismissed the appeals. The tenants are aggrieved by the decisions of the authorities below and hence, these revision petitions.

2. The subject matter of the proceedings belonged to one Kasi Viswanathan and his brothers. They mortgaged the premises to the Bank to secure repayments of the credit facilities availed by them from the Bank. When the borrowers committed default in repaying the dues, the Bank initiated proce

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