PNB HOUSING FINANCE LIMITED Vs. MANOJ SAHA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant has assailed the judgment and order passed by High Court whereby the secured asset [Space of 450 sq.ft. on first floor, 1 Allenby Road, Kolkata - 700020] whose possession was taken by the Appellant, was directed to be handed back to the 1st Respondent.

(3.) 1st Respondent claims to be a tenant of the secured asset. He had entered into an unregistered tenancy agreement with M/s Janapriya Finance and Industrial Investment (India) Pvt. Ltd [Original landlord] for a period of 5 years. In 1992, the term of tenancy expired. But 1st Respondent alleged he continued as a monthly tenant under the original landlord. In 2007, the original landlord sold the secured asset to 2nd Respondent. By letter of attornment dtd. 4/3/2008, 2nd Respondent that is, the new landlord called upon 1st Respondent to pay rent. 1st Respondent contends he paid rent to 2nd Respondent and continued to occupy the secured asset as a tenant.