https://www.taxtmi.com/caselaws?id=267171 An unregistered tenancy claim based on an agreement reciting annual rent and possession did not establish a legally protected lease capable of defeating action under SARFAESI. The Court treated the tenancy assertion as prima facie doubtful, noting that one signatory to the tenancy document was also a signatory to the earlier mortgage, and found that the secured creditor was not required to recognise the petitioners as persons in lawful possession under a valid lease before seeking Magistrate assistance. The protection available for valid and lawful leases in SARFAESI proceedings was held not to extend to these facts, so the alleged tenancy did not bar enforcement measures. en-us Fri, 09 Oct 2015 00:00:00 +0530 Sun, 01 Nov 2015 16:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=267171 An unregistered tenancy claim based on an agreement reciting annual rent and possession did not establish a legally protected lease capable of defeating action under SARFAESI. The Court treated the tenancy assertion as prima facie doubtful, noting that one signatory to the tenancy document was also a signatory to the earlier mortgage, and found that the secured creditor was not required to recognise the petitioners as persons in lawful possession under a valid lease before seeking Magistrate assistance. The protection available for valid and lawful leases in SARFAESI proceedings was held not to extend to these facts, so the alleged tenancy did not bar enforcement measures. Case-Laws Indian Laws Fri, 09 Oct 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=267171