The Applicant is a Proprietary concern represented by its Proprietrix and is engaged in the business of dealing in gunny bags,jute and other jute products. Respondent No.3 herein purchased the application schedule property through Regd. Sale Deed dt. 14. 12.1976 and the Applicant was inducted in the schedule propert5z as a tenant in the year 1960 and the monthly rent was enhanced from time to time. Respondent No.3 used to collect the monthly rents though his representative and there are no receipts for proof in respect of the rent. In the meanwhile, in July, 2023, representatives of the l"t Respondent along with advocate commisosner visited the schedule property and tried to dispossess the Applicant from the propert5r. On enquiry, it came to the knowledge of the Applicant that Respondent No.3 executed sale deed in favour Respondent No.2 herein in respect of eastern portion of the premises bearing Municipal No. 15-2-209, consisting of ground floor and hrst floor. Another sale deed is executed by Respondent No.3 represented by its partner Mr.Ravi Kanth Heda in respect of rear portion of premises in favour of Respondent No.2. It came to the notice of the Applicant that Respondent No.2 availed credit facilities from the lst Respondent by mortgaging the schedule property and later defaulted in repayment of dues. So, Respondent No. 1 initiated proceedings under sions of SARFAESI Act,2OO2 and also obtained of advocate commissioner for taking physical perty. The Applicant is a tenant of the sc much to the mortgage in favour of the 1st nt 1&4i41il[dm[e so lst Respondent is not entitled to evict the from the property. Hence the SA.
