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january 2016

Supreme Court of India · 2016-01-20

Vishal N Kalsaria vs Bank Of India & Ors

Citation / case number
AIR 2016 SUPREME COURT 530
Court
Supreme Court of India
Petitioner
Vishal N Kalsaria
Respondent
Bank Of India & Ors
Author
V. Gopala Gowda
Bench
Amitava Roy, V. Gopala Gowda

Judgment text excerpt

The Supreme Court addressed whether a 'protected tenant' under The Maharashtra Rent Control Act, 1999 can be classified as a lessee and whether the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) supersede those of the Rent Control Act. The Court held that the rights of a protected tenant must be preserved even when the landlord secures a loan against the property, emphasizing the need to balance tenant rights with creditor interests. The appeals were allowed, affirming the importance of tenant protections in the context of financial transactions involving secured interests.

Vishal N Kalsaria vs Bank Of India & Ors · Niyam