JUDGMENT

The case projected in this Writ Petition (Civil) is as follows:- That since the petitioner is a tenant at the time of creation of the mortgage, her tenancy right would not be affected by any of the measures taken under Section 13 (4) of the Securitisation Act. The leasehold right of the petitioner was not terminated in accordance with law and it could be terminated only by an order of eviction under the provisions of the Rent Control Act. The documents produced by the petitioner, prima facie, indicate that she was a tenant in the buildings even before the date of creation of the mortgage in favour of the bank. If the building is already let out to a tenant the secured creditor cannot override the lease without terminating the lease created by the landlord. A lease is the transfer of a right to enjoy immovable property in consideration of price, money or any other consideration. It is an incident of the proprietary right of the owner to create a lease in respect of the property or the building situated therein. On a creation of the lease, the lessor as well as the lessee have certain rights and liabilities against each other. A third party cannot interfere with the rights a