AMARDEEP KUMAR AND SMT. LAKSHMI SATHISH Vs. DAVANGERE URBAN CO-OPERATIVE BANK LTD. REPRESENTED BY ITS MANAGER, THE AUTHORISED OFFICER, THE DAVANGERE URBAN CO-OPERATIVE BANK LTD., MRS. VINAYA A. MURLIDHARA AND DR. G.N. CHANDU

JUDGEMENT

(1.) THE petitioners are before this Court assailing the possession notice dated 25.05.2013 issued by respondent No. 2 at Annexure -A to the petitions. The petitioners are also seeking for a direction to respondents No. 1 and 2 Bank authorities not to dispossess the petitioners without due process of law. The case of the petitioners is that they are neither the borrowers nor the guarantors in respect of the loan said to have been secured from the respondents No. 1 and 2 -Bank. The petitioners are the tenants in respect of the premises in question under respondent No. 3. It is therefore contended that the petitioners cannot be dispossessed from the premises under the provisions laid down under Sections 13 and 14 of the SARFAESI Act. Since, the petitioners are in possession as tenants, they can only be evicted in accordance with law.

(2.) THE respondents No. 1 and 2 have entered caveat. At the outset, it is contended that the respondent No. 3 is a purchaser of the property which had been mortgaged to them and under respondent No. 3, the petitioners claim to be the tenants and therefore the genuineness of the same requires to be adjudicated before the respondents accept petitioners to be the tenants in respect of the premises.