SMT. VIJAYALAKSHMI Vs. THE AUTHORISED OFFICER, KOTAK AUTHORISED BANK LIMITED, BANASHANKARI THIRD STAGE, BANGALORE AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the possession notice dated 26-12-2013 seeking that the first respondent-bank be directed not to disturb the physical possession and enjoyment of the petitioner over the petition schedule property.

(2.) The petitioner contends that she has taken the petition schedule property on lease from the 2nd respondent. In that regard, a lease agreement dated 9-11-2008 as at Annexure-A is referred to. The first respondent has initiated action under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act' tor short) against respondents 2 to 4 for recovery of the amount due to the first respondent-bank. In the said process, the first respondent-bank is also seeking to take physical possession of the petition schedule property. It is in that light, the petitioner is before this Court claiming that the possession of the petitioner as a lessee/tenant cannot be disturbed by the first respondent even though the recovery proceedings are initiated against her landlady viz., the 2nd respondent.

(3.) Learned Counsel for the respondent 1 would contend that the lease agreement dated 9-11-2008 is fabricated only for the purpose of the present case to delay the recovery proceedings against respondents 2 to 4. It is also her case that even if said document is kept in view, the period for which the lease has been granted has expired and therefore no right can be claimed by the petitioner.