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IN THE HIGH COURT OF ALLAHABAD
SHEKHAR B.SARAF, PRAVEEN KUMAR GIRI
Axis Bank Ltd. – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. writ petition seeks possession under sarfaesi act. (Para 2 , 3) |
| 2. arguments on need for legal standing against tenant's stay. (Para 4 , 5) |
| 3. clarifications on tenancy and mortgage laws. (Para 6 , 7) |
| 4. court's stance on authority's actions post section 14. (Para 8 , 9) |
| 5. order for compliance with sarfaesi act. (Para 10) |
| 6. court order for possession compliance within eight weeks. (Para 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
Shekhar B. Saraf, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayer:
"(i) Issue a writ, order or direction in the nature of Mandamus commanding to respondent no. 3 (Sub-Divisional Magistrate (SDM), Dhoulana, District-Hapur) to take physical possession of the property in question i.e. All that part and Parcel of Land/property Khasra No. 373, Situated at Village-Ravali, Pargana & Tehsil-Dhaulana, District-Hapur having Area 12590 Sq. Mt in pursuance to order dated 17.02.2025 passed by respondent no. 3 as subordinate of respondent no. 2 under section 14 of the Securitisation and Reconstruction of Financial Assets a
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.
Tenants must establish valid, registered tenancy agreements to protect their possession against secured creditors under 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....
(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 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.
The court ruled that tenants must provide substantial evidence of tenancy, especially when claiming rights under SARFAESI, and that High Court's intervention in such cases is limited.
A secured creditor must acknowledge existing tenancy rights when seeking possession of mortgaged property under the SARFAESI Act.
MAIN POINTSSection 13(13) of the SARFAESI Act, 2002 will override section 65A of the Transfer of Property Act, 1882.Therefore unless a lease is validly determined in terms of section 111, possession ....
The SARFAESI Act's provisions on eviction take precedence over tenant protections under Rent Control Law when no valid tenancy exists.
Tenancy rights created after a mortgage are invalid if they violate statutory provisions, and tenants cannot claim protection under the Rent Control Act in such cases.
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