ORDER

1. This appeal is filed under Sec.18 of the SARFAESI Act , to set aside the final order passed in SA 460/2024 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 1^st respondent bank. It is the case of the appellant that the 2^nd respondent is the owner of the property mortgaged in this case. 2^nd respondent agreed to rent out shop rooms bearing Nos. SP II 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71 & 72 for a monthly rent of Rs.50,000/- for a period of five years by a registered Rent Agreement bearing No. 1306/2023/I dated 03.06.2023 of SRO, Sasthamcotta. As per this agreement, appellant is in possession of the rented out premises. Appellant is a statutorily protected tenant and therefore the 1^st respondent has no right to vacate him from the property on the basis of the order passed by the Ld.CJM, Kollam in MC No.800/2023. The securitization proceedings initiated by the 1^st respondent against the 2^nd respondent will not affect the possession of the appellant and therefore, the aforesaid SA was filed. After contest, this SA was dismissed and henc