Heard the submissions of the learned counsel for the

appellant and learned counsel for the respondents.

The above appeal is filed under Order 43 Rule

1(u) of the Code of Civil Procedure (hereinafter referred to

as 'CPC'), by the appellant who was arrayed as defendant

No.3 before the Trial Court challenging the judgment and

decree dated 10.06.2016 passed in R.A.No.9/2015 by the

Prl. District and Sessions Judge, Raichur.

The parties are referred to as per their rank

before the Trial Court for the sake of convenience.

- 3 -

4.

The plaintiff in O.S.No.305/2008 is a tenant in

respect of the suit property which was admittedly owned

by one Smt.Kalpana, who was arrayed as defendant No.2

in the said suit. It is further not disputed that the

defendant No.2 had obtained a loan from the defendant

No.1-Indian Bank. Since the defendant No.2 was unable to

repay the loan availed from the defendant No.1,

proceedings under the Securitization And Reconstruction

of Financial Assets and Enforcement of Security Interest

Act, 2002 (hereinafter referred to as "SARFASI Act") was

initiated by the defendant No.1-Bank.

5.

Apprehending that he would be dispossessed

from the property in the said SARFASI proceedings, the

plaintiff/tenant filed the said suit seeking for permanent

injunction restraining the defendant from evicting him

from the suit property. The auction of the suit property in

the said SARFASI proceedings having been completed and

the suit property was sold by sale certificate dated

29.12.2009 which was registered on 22.01.2010 in favour

- 4 -

of Mr.A.Papa Reddy. The said auction purchaser impleaded

himself as defendant No.3 in the said suit. Subsequent to

the said implement, the defendant No.3 filed IA.No.3

under Order VIII Rule-1 of CPC to reject the plaint. The

Trial Court vide its order dated 20.01.2015 allowed

IA.No.3 and rejected the suit in O.S.No.305/2008.

6.

It is further forthcoming that the auction

purchaser filed O.S.No.37/2010 to evict the tenant from

the suit property. The said suit was being called along with

O.S.No.37/2010.

7.

The

order

dated

20.01.2015

passed

in

O.S.No.305/2008 was challenged by the tenant in

R.A.No.9/2015. The First Appellate Court vide its judgment

dated 10.06.2016, allowed the appeal; the order dated

20.01.2015 allowing IA.No.6 by the auction purchaser was

set aside and the said application was dismissed; the

matter was remanded to the Trial Court by directing that

the suit in O.S.No.305/2008 along with O.S.No.37/2010

filed

by

the

auction

purchaser

be

disposed

off

- 5 -

simultaneously. Being aggrieved, the present second

appeal is filed by the auction purchaser.

8.

It

is

vehemently

contended

by

Sri.Chaitanaykumar Chandriki, learned counsel appearing

for the appellant that the suit filed by the tenant is not

maintainable in view of the judgment of this Court in the

case of M.G.Ashwatha Shastri Vs. Canara Bank

Chamarajpet Branch, Chamarajpet, Bangalore and

Others, reported in 2011 (5) KCCR 3768. Hence, he

seeks for allowing of the above second appeal and setting

aside of the judgment of the First Appellate Court.

9.

Per contra, Sri.Ravi B.Patil, learned counsel

appearing for the respondent No.1/tenant submits that the

tenant

cannot

be

evicted

by

taking

recourse

to

proceedings under SARFASI Act and this propostition has

been laid down by the by the Hon'ble Supreme Court in

the case of Vishal N.Kalsaria Vs. Bank of India and

Others, reported in (2016) 3 SCC 762. Hence, he

seeks for dismissal of the above second appeal.

- 6 -

10. Sri.Krupa

Sagar

Patil,

learned

counsel

appearing for the respondent No.2-bank submits that in

the auction conducted pursuant to the proceedings under

the SARFASI Act, the sale certificate has been executed in

favour of the auction purchaser who was acquired title to

the suit property.

11. I have considered the submissions of both the

aforementioned learned counsel and perused the material

available

on

record.

The

question

that

arise

for

consideration is;

"Whether the