K.K. Yusuff, Proprietor, ''In Style'', Toll Junction Edappally P.O., Pin-682024 vs Union Bank of India and Saju Kadavil (K.A. Saju)

P.R. Ramachandra Menon, J.—The rights and interest of a tenant, who is occupying the premise concerned, which stands already subjected to mortgage, creating security interest in favour of the Bank and the rights and liberties of the Bank to proceed with sale of the property, because of the failure on the part of the landlord/borrower form the subject matter of challenge in this writ petition. The case as narrated in the writ petition shows that the second respondent herein had availed a loan from the first respondent Bank based on the security interest created over property and the building situated therein, which stands let out to the petitioner as per Ext. P1 lease agreement dated 10.09.2004. The case of the petitioner is that, mortgage was created in favour of the Bank only subsequently and as such, the petitioner cannot be simply evicted without any regard to the rights and liberties provided under the Kerala Building (Lease and Rent Control) Act, 1965; more so in view of the law declared by a Full Bench of this Court reported in Pushpangadan Vs. Federal Bank Ltd., . It is because of the coercive steps sought to be pursued by the Bank by filing a petition u/s 14 before the concerned Chief Judicial Magistrate''s Court, leading to Ext. P8 order dated 24.03.2012, ordering forceful eviction, that the petitioner is compelled to approach this Court by filing the present writ petition, wherein interim order of stay was granted on 11.05.2012, which was subsequently extended on 15.05.2012.

Heard the learned counsel for the respondent Bank as well, who conceded the position with regard to the tenancy of the petitioner over the premises and sought for permission to proceed with steps for taking symbolic possession and to complete further steps, retaining the petitioner in the premises. In the said circumstances, this Court does not find it necessary to relegate the petitioner to approach the Tribunal to establish the rights of the petitioner with regard to the claim for tenancy. The Writ Petition is disposed of, permitting the respondent Bank to proceed with further steps, retaining the petitioner in the premises for the time being and it will without prejudice to the rights and liberties of the parties concerned to pursue appropriate remedy in accordance with law. It will be open for the petitioner to participate in the sale, if any

The Writ Petition is disposed of.