SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(Guj) 412

BIREN VAISHNAV
Anilkumar Valjibhai Rajpara – Appellant
Versus
District Magistrate – Respondent


Advocates Appeared:
For the Petitioner: Ms. M.O. Narsinghani
For the Respondent: Mr. Ishan Joshi, AGP., Mr.K.M.Antani, AGP., Mr. Nagesh C. Sood

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

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top