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2007 Supreme(Mad) 667

A.P.SHAH, CHANDRU
Sree Lakshmi Products represented by its Partner S. Lakshmi Prabha, 1790, Trichy Road, Ramanathapauram, Coimbatore-45 – Appellant
Versus
State Bank of India represented by Branch Manager, Red Fields Branch, Race Course, Coimbatore-18 – Respondent


Advocates:
For the Petitioner:M.S. Krishnan for M/s. Sarvabhauman Associates. For the Respondent:Sethuraman, Advocate.

Judgment :-

The Chief Justice:

The petitioner has filed this petition for a mandamus forbearing the respondent from evicting the petitioner from the leasehold premises in its possession except by due process of law. The principal contention raised by the petitioner is that the petitioner being a tenant and in physical possession of a portion of the building situated in S.F.No.189/2, Uthupalayam Village, Palladam Taluk, Coimbatore District, by virtue of a lease deed dated 05.04.2003, duly executed by the principal borrower and the mortgager of the property M/s. Sree Lakshmi Foundry, is fully protected under the Tamil Nadu Lease and Rent Control Act and cannot be dispossessed without taking recourse to the provisions of the said Act. We need not narrate detailed facts, but it is suffice to state that M/s. Sree Lakshmi Foundry, who is the principal borrower had availed of some loans from the respondent-State Bank of India after mortgaging the land and building comprised in S.F.No.189/2 by executing a memorandum of mortgage in favour of the respondent bank. On the failure of the borrower to pay back the loan, the respondent bank had invoked the provisions of the Securitisation and Re-co

















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