BAJARANG SHYAMSUNDER AGARWAL versus CENTRAL BANK OF INDIA & ANR.

BAJARANG SHYAMSUNDER AGARWAL versus CENTRAL BANK OF INDIA & ANR.

Appellant's claim of tenancy is unsubstantiated, not supported by registered instrument or sufficient evidence; oral tenancy post-mortgage and post-SARFAESI notice barred; appellant is tenant-in-sufferance with no legal protection; SARFAESI Act prevails and possession directed to bank.

Parties
Appellant Tenant: Bajarang Shyamsunder Agarwal; Respondent Bank: Central Bank of India; Respondent Borrower/landlord: Respondent No. 2-borrower/landlord
Jurisdiction
India
Judgment Date
11 September 2019
Procedural Posture
Criminal Appeal / Appeal Against Chief Metropolitan Magistrate's Order Rejecting Stay Application for Possession Under SARFAESI Act
Outcome
Appeal dismissed
Legal Topics
SARFAESI Act, Tenancy Rights, Mortgage, Debt Recovery
Banking Law Property Law Tenancy Law SARFAESI Act Tenancy Rights Mortgage Debt Recovery

Case Brief

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Parties

Bajarang Shyamsunder Agarwal

Appellant Tenant

Central Bank of India

Respondent Bank

Respondent No. 2-borrower/landlord

Respondent Borrower/landlord

Procedural Posture

Criminal Appeal / Appeal Against Chief Metropolitan Magistrate's Order Rejecting Stay Application for Possession Under SARFAESI Act

Legal Issues

  1. 1 Whether a tenant is protected from eviction proceedings under the SARFAESI Act when the secured asset is mortgaged to a bank and default occurs.
  2. 2 Whether the appellant-tenant had valid tenancy rights to merit protection from eviction upon enforcement by the secured creditor.

Ratio Decidendi

Appellant's claim of tenancy is unsubstantiated, not supported by registered instrument or sufficient evidence; oral tenancy post-mortgage and post-SARFAESI notice barred; appellant is tenant-in-sufferance with no legal protection; SARFAESI Act prevails and possession directed to bank.

Court Disposition

Appeal dismissed

Orders

  • Appellant-tenant directed to hand over possession of the secured asset within 12 weeks to Assistant Registrar, Mumbai, who shall deliver to the respondent-bank.