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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ANSALDAS K R – Appellant
Versus
AUTHORISED OFFICER CANARA BANK – Respondent
| Table of Content |
|---|
| 1. petitioner claims tenancy and challenges eviction. (Para 1 , 2) |
| 2. legal framework on tenancy under sarfaesi act established. (Para 4) |
| 3. court outlines proper appellate relief for the petitioner. (Para 6 , 7 , 8) |
JUDGMENT
(Dated this the 24th day of February, 2026)
The petitioner, claiming to be a tenant, has filed S.A. No. 934 of 2025 before the Debts Recovery Tribunal (DRT) challenging the proceedings initiated for taking physical possession of the secured asset under the SARFAESI Act .
2. According to the petitioner, he came into possession of the building pursuant to Ext. P6 lease deed dated 08.01.2024 for a period of 11 months. It is contended that the lease was thereafter extended twice for further periods of 11 months each by endorsements on the reverse side of the lease deed.
3. The petitioner filed I.A. No. 659/2026 in the said S.A.
seeking stay of dispossession. The DRT, by order dated 17.02.2026, dismissed the application. The Tribunal found that the original lease period of 11 months commencing from 08.01.2024 had lapsed and that the endorsements on the reverse side of the lease deed could not be accepted. It was further observed that Ext. A1 (P6 herein)
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