Legal Question in Banking Law in India

Sir,

I am a tenant and in posession of a commercial building for last 15 years.I took a mortgage loan from a natioanalised bank in sept.2006 and the same property was pledged with bank and the landlady stood as guarantor.

The loan a/c became NPA on april 2011 and the matter is pending with DRT.

Can I get my tenancy stay as I am Tenant much before the loan agreement time.

Is there any ruling/citation of Supreme court/ High Court in my favour.

Can SARFAESI override my tenancy right.

Please Guide


Asked on 2/28/12, 9:28 am

1 Answer from Attorneys

Pravin Vaidya Independent

No. SARFAESI has overriding effect on your tenancy right

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Answered on 2/28/12, 6:56 pm


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