PNB HOUSING FINANCE LIMITED versus SH. MANOJ SAHA & ANR

PNB HOUSING FINANCE LIMITED versus SH. MANOJ SAHA & ANR

The High Court erred in entertaining the revisional petition under Article 227 despite the appellate remedy under section 18 of SARFAESI; the 1st respondent failed to prove a pre-existing tenancy by independent documentary possessory evidence as required for oral/unregistered tenancies, and such tenancies do not...

Source-derived case information.

Parties
Appellant: PNB Housing Finance Limited; 1st Respondent: Sh. Manoj Saha
Jurisdiction
India
Judgment Date
15 July 2025
Procedural Posture
Civil Appeal No. 9492 of 2025 / Appeal From Judgment and Order Dated 28.02.2024 of the High Court at Calcutta (co No. 3572 of 2023)
Outcome
Appeal allowed
Legal Topics
Tenant of Secured Asset, Unregistered Tenancy Agreement, Symbolic and Physical Possession Under SARFAESI, Restoration of Possession/status Quo Ante, Onus of Proof for Oral Tenancies, Tenant in Sufferance, Alternate/appellate Remedy Under S.18 SARFAESI, Mandatory Relief
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 West Bengal Premises Tenancy Act, 1997 Transfer of Property Act, 1882 Constitution of India Security Interest (enforcement) Rules, 2002 Tenant of Secured Asset Unregistered Tenancy Agreement Symbolic and Physical Possession Under SARFAESI +5 more

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Parties

PNB Housing Finance Limited

Appellant

Sh. Manoj Saha

1st Respondent

Procedural Posture

Civil Appeal No. 9492 of 2025 / Appeal From Judgment and Order Dated 28.02.2024 of the High Court at Calcutta (co No. 3572 of 2023)

Legal Issues

  1. 1 Whether the High Court erred in directing the appellant to hand back possession of the secured asset
  2. 2 Whether the 1st respondent established a pre-existing tenancy in his favour based on an unregistered/oral agreement

Ratio Decidendi

The High Court erred in entertaining the revisional petition under Article 227 despite the appellate remedy under section 18 of SARFAESI; the 1st respondent failed to prove a pre-existing tenancy by independent documentary possessory evidence as required for oral/unregistered tenancies, and such tenancies do not subsist beyond one year from issuance of the s.13(2) notice, therefore the High Court's order restoring possession was set aside and status quo maintained pending disposal of the securitization application.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court dated 28.02.2024 in CO No. 3572 of 2023 set aside
  • Status quo in respect of the secured asset to be maintained till disposal of securitization application No. 737/2023