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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI
Prajapath Ramesh Kumar, S/o. Saganaji – Appellant
Versus
Union Bank Of India, Rep. By Its Authorized Officer, SPSR Nellore District – Respondent
| Table of Content |
|---|
| 1. petitioner's tenancy and background. (Para 1 , 2) |
| 2. arguments on lease validity and mortgage. (Para 4 , 5) |
| 3. court's stance on statutory remedies. (Para 6 , 8 , 11 , 12) |
| 4. discussion on execution of warrants and tenant's rights. (Para 7 , 9 , 10 , 13 , 14) |
| 5. dismissal of writ petition with directions. (Para 15) |
ORDER :
Ravi Cheemalapati, J.
The petitioner, claiming to be the tenant of the premises, challenges the order dated 10.05.2024 passed in Crl.M.P.No.27 of 2024 by the learned Chief Judicial Magistrate-cum-Principal Assistant Sessions Judge, Nellore, under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) whereby and whereunder a warrant of commission was issued for taking over physical possession of the subject premises.
2. The contents of the writ petition, in brief, are that the petitioner is a tenant of the subject premises since 2011 as is evidenced by GST Registration Certificate and owners of the said premises executed a registered lease deed in his favour on 26.12.2023 for a period of two years, which expires on 29.09.2025. That when his owners tried
Tenants must be included in eviction proceedings under the SARFAESI Act; lacking notice renders eviction efforts arbitrary, yet alternative statutory remedies limit the High Court's jurisdiction.
A Civil Court's order affecting possession of secured assets is invalid if the secured creditor is not a party, infringing Section 34 of the SARFAESI Act.
The main legal point established in the judgment is that the existence of a valid tenancy can affect the rights of the secured creditor under SARFAESI Act, emphasizing the need for due diligence by b....
A tenant's rights under an unregistered lease are limited, especially when the lease is created after mortgage notices, necessitating registration for longer terms to ensure legal protection.
(1) If a tenancy under law comes into existence after creation of a mortgage but prior to issuance of a notice under Section 13(2) of SARFAESI Act, it has to satisfy conditions of Section 65A of Tran....
Tenants must establish valid, registered tenancy agreements to protect their possession against secured creditors under the SARFAESI Act.
Court authorized petitioners' claim as tenants under SARFAESI Act; Tribunal to decide on tenancy issues.
The SARFAESI Act's provisions on eviction take precedence over tenant protections under Rent Control Law when no valid tenancy exists.
A secured creditor must acknowledge existing tenancy rights when seeking possession of mortgaged property under the SARFAESI Act.
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