E. DHAMODHARAN Vs. C. NARAYANAN

JUDGEMENT

(1.) The Civil Revision Petition has been instituted to set aside the order in OS.SR.No.26369 of 2022 passed by the I Assistant City Civil Court, Chennai and direct the I Assistant City Civil Court, Chennai to take on record and number the suit in OS.SR.No.26369 of 2022 as maintainable before the Civil Court.

(2.) The Revision Petitioner states that he is a tenant in respect of the premises at No.C-76, 14 th Street, Periyar Nagar, Chennai - 600 082 and he is continuing in the said premises as tenant for about 15 years from the year 2007 onwards. The first respondent is the Landlord of the premises. There was an oral agreement between the revision petitioner and the first respondent/landlord and thus, the revision petitioner claims to be the lawful tenant. The revision petitioner states that he is paying the monthly rent regularly from the date of his occupation as tenant.

(3.) Subsequently, a lease agreement was entered into between the revision petitioner and the first respondent/landlord for a period of 5 years. The lease agreement was registered as Document No.1351 of 2021 dtd. 12/4/2021 before the SRO Sembiam, Chennai, in respect of the ground floor of the said premises. The revision petitioner states that he paid an interest free security deposit of Rs.2,00,000.00 (Rupees Two Lakhs only) to the respondent/landlord. While so, the 2nd respondent Bank had issued Sec. 13 (2) notice dtd. 23/4/2021 under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (hereinafter referred to as the 'SARFAESI ACT'). The first respondent/landlord informed the revision petitioner that he had offered the entire premises including the leased premises as security to the 2nd respondent/Bank for a loan in favour of M/s.M.M.S.Iron Corporation/third respondent herein, which is an entity run by the grandson of the first respondent/landlord.