SANJAY BANSAL Vs. RAKESH K AHLAWAT

JUDGEMENT

(1.) Issue Rule. With consent of parties, taken up for final hearing.

(2.) In these proceedings, under Article 226 of the Constitution of India, an appropriate writ/ order has been sought against the respondents from taking over physical possession of portion of first floor property, South Extension Part-I, New Delhi ("the suit property"). The action assailed is under Section 14(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (hereinafter referred to as the "Securitization Act"). A further direction seeking certiorari against an order dated 1.12.2004 passed by the Chief Metropolitan Magistrate, Delhi in Case No. 232/2004, at the request of the second respondent No. 3 has also been sought.

(3.) The petitioner claims to be a tenant of the suit property; he alleges that the tenancy was created on 15.5.2001, by an unregistered deed. The pleadings and materials disclose that the tenancy was stated to be for a unlimited period; for a monthly rent of Rs.2500/-. The lease/tenancy said to have been created on behalf of M/s Eupharma Laboratories Ltd. (hereinafter referred to as the "borrower") through one of its Directors.