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2025 Supreme(Online)(DRAT) 77

DEBT RECOVERY APPELLATE TRIBUNAL
Justice Shri G. CHANDRASEKHARAN
G Subbuakshmi – Appellant
Versus
UCO BANK – Respondent


ORDER

1. This appeal is filed under Sec.18 of the SARFAESI Act, to set aside the final order passed in SA 618/2024 on 27.11.2024 by the Ld. Presiding Officer, DRT –

2, Ernakulam.

2. The petitioner/appellant filed the aforesaid SA challenging the securitization measures initiated by the 1st respondent bank. It is the case of the appellant that the 2nd respondent is the owner of the property mortgaged in this case. 2nd respondent agreed to rent out the entire ground floor of the two storied building and the two shop rooms on the southern side of the upstair portion of the building bearing Door No.AMCW-33/803 for a monthly rent of Rs.30,000/- for a period of seven years by a registered Rent Agreement bearing No. 1648/2023 dated 29.04.2023 of SRO, Alappuzha. As per this agreement, appellant is in possession of the rented out premises. Appellant is a statutorily protected tenant and therefore the 1st respondent has no right to vacate him from the property on the basis of the order passed by the Ld.CJM, Alappuzha in MC No.327/2024. The securitization proceedings initiated by the 1st respondent against the 2nd respondent will not affect the possession of the appellant and therefore, the afor

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