BIREN VAISHNAV
Anilkumar Valjibhai Rajpara – Appellant
Versus
District Magistrate – Respondent
JUDGMENT :
1. In all these petitions under Article 226 of the Constitution of India, tenants of rented premises have challenged the orders passed by the District Magistrate under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short). By the orders under challenge, the petitioners who were tenants, faced eviction from the properties rented out to them by the landlords. The landlords who were borrowers, their properties have been sought to be sold for their defaults in paying loans and having faced proceedings under the SARFAESI Act.
2. Since common questions of law and facts arise in all these petitions, facts from Special Civil Application No.4706 of 2017 are discussed.
2.1 The petitioner was inducted as a tenant by the respondent No.3 on 01.03.2010 for a period of nine years at a yearly rent of Rs.96000/- for an office premises at Surat. Rent agreement was entered into on 01.03.2010. The case of the petitioner is that the respondent nos.3 and 4 started raising disputes and stopped paying c
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