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2026 Supreme(Online)(Ker) 14208

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ANSALDAS K R – Appellant
Versus
AUTHORISED OFFICER CANARA BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI.N.K.MOHANLAL
For the Respondents: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SRI.RAJA KANNAN, SMT.AKHILA NAMBIAR

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) lease deed was unregistered and therefore, could not be relied upon. The only rent receipt produced was for the period from 01.10.2025 to 01.11.2025, and no receipts were produced to establish payment of rent for the earlier perio

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