IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 4865 of 2006(D) ------------------------- PETITIONER: ------------ M.K.SAHADEVAN, AGED 66 YEARS, S/O.KRISHNAN, KOKKODU VEEDU, MANKOT P.O., CHITHARA. BY ADV. SRI.S.GIRISH RESPONDENTS: ------------- 1. THE SECRETARY, KERALA HOUSING BOARD, KERALA HOUSING BOARD BUILDING, TRIVANDRUM. 2. THE REVENUE RECOVERY TAHASILDAR, KOTTARAKKARA. 3. THE VILLAGE OFFICER, MANKOT, CHITHARA. 4. S.B.SULEENA DEVI, W/O.DAYALAN, KEERATTINKARA, MANANTHAVADY, WAYANAD DIST., MOBILE: 9447249571. BY ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 R2&3 BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF LEASE DEED EXECUTED BETWEEN THE PETITIONER AND R4 DT.31.5.05. P2: TRUE COPY OF SALE NOTICE PROCEEDED U/S.49 OF R.R. ACT ISSUED BY R2. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.4865 of 2006 .................................................................... Dated this the 7th day of August, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of house building loan availed by 4th respondent for the building let on rent by her to the petitioner. The petitioner as tenant has no authority to contest recovery proceedings initiated for recovery of arrears of house building loan. If the building is mortgaged for the loan, respondents 1 to 3 are free to proceed to sell the property in recovery proceedings. The property should be notified with the tenant therein and if it fetches sufficient amount to cover the arrears, then sale can be executed subject to tenancy right of the petitioner and in that case, it is for the purchaser to proceed to evict the petitioner. On the other hand if the sale fetches lesser than the debt amount on account of tenancy and occupation of the building, then petitioner can be evicted and sale can be effected and in that case, petitioner can proceed against 4th respondent for damages, if any payable. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms