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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S.
G. Subhulakshmi W/o R. Manikkumar – Appellant
Versus
UCO Bank, Quilon Branch – Respondent
JUDGMENT :
Muralee Krishna, J.
1. The petitioner in W.P.(C)No.15236 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act 1958, against the judgment dated 25.06.2025 passed by the learned Single Judge, dismissing that writ petition filed by the appellant/petitioner challenging Ext.P7 order dated 28.03.2025 of the Debts Recovery Appellate Tribunal, Chennai, which confirmed Ext.P3 order dated 27.11.2024 in S.A. No.618 of 2024 of the Debts Recovery Tribunal-II, Ernakulam.
2. The appellant obtained the entire ground floor and two shop rooms on the southern side of the upstairs portion of a two- storey building bearing No. AMCW-33/803 situated in 10.09 Ares of property in resurvey No.28 (old survey No.598/8/A/16, 8/A/18) Block No.46 of Alappuzha West Village, from the 2nd respondent for conducting a Scanning and Diagnostic Centre for a period of seven years, i.e., from 01.05.2023 to 30.04.2030, with a stipulation to pay a monthly rent of Rs.30,000/-, on the strength of Ext.P1 registered rent agreement bearing No.1648 of 2023 of SRO Alappuzha dated 29.04.2023. While the appellant was continuing as a tenant, she understood that the 1st respondent Bank proceeded again
Tenancy rights created after a mortgage are invalid if they violate statutory provisions, and tenants cannot claim protection under the Rent Control Act in such cases.
The Debts Recovery Tribunal has no jurisdiction to pass an order of eviction against a bona fide tenant in respect of a mortgaged property.
MAIN POINTSSection 13(13) of the SARFAESI Act, 2002 will override section 65A of the Transfer of Property Act, 1882.Therefore unless a lease is validly determined in terms of section 111, possession ....
The SARFAESI Act's provisions on eviction take precedence over tenant protections under Rent Control Law when no valid tenancy exists.
Point of law : An aggrieved person other than the principal borrower can seek adjudication of his rights, more particularly a tenant can seek redressal of his grievance as to whether there was a vali....
Point of Law : Tenant would not be entitled to possession of the secured asset for more than the period prescribed under Section 107 of the Transfer of Property Act, 1882 which period evidently has e....
Tenants must establish valid, registered tenancy agreements to protect their possession against secured creditors under the SARFAESI Act.
(1) If a tenancy under law comes into existence after creation of a mortgage but prior to issuance of a notice under Section 13(2) of SARFAESI Act, it has to satisfy conditions of Section 65A of Tran....
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