A rightful tenant cannot be compromised under the SARFAESI Act proceedings. SC

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – It is the case of the appellant that he is a tenant of the Secured Asset – Intervention application was dismissed by the Magistrate holding that there was no registered tenancy – Borrowers have not claimed that any tenant is staying at the Secured Asset – Rent receipt claiming tenancy which is after the date of creation of mortgage – there is a serious doubt as to the bona fide of the tenant, as there is no good or sufficient evidence to establish the tenancy of the appellant. 

17 August, 2021

HEMRAJ RATNAKAR SALIAN   vs  HDFC BANK LTD. & ORS.