Supreme Court of India · 2016-01-20
VISHAL N KALSARIA vs BANK OF INDIA .
- Citation / case number
- SC 2015/29832
- Court
- Supreme Court of India
- Petitioner
- VISHAL N KALSARIA
- Respondent
- BANK OF INDIA .
- Author
- AMITAVA ROY 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 if the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) supersede the Rent Control Act. The Court held that the rights of a protected tenant must be preserved even when the landlord offers the property as security for a loan, establishing that the SARFAESI Act does not override the protections afforded to protected tenants under the Rent Control Act.