https://www.taxtmi.com/caselaws?id=268506 A valid lease created before a mortgage, or a lease made by the mortgagor in compliance with Section 65A before service of notice under Section 13(2) of the SARFAESI Act, is not automatically defeated by enforcement action under Section 13; the lease continues until lawfully determined under Section 111 of the Transfer of Property Act. A lessee in lawful possession is included within the wide language of Section 17, but the Tribunal cannot restore possession to a lessee, so the remedy is not effective for protecting such possession. Rent control proceedings cannot block SARFAESI action, and Section 14 requires inquiry into whether the lease is valid and subsisting before dispossession. en-us Thu, 03 Apr 2014 00:00:00 +0530 Fri, 27 Nov 2015 10:55:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=268506 A valid lease created before a mortgage, or a lease made by the mortgagor in compliance with Section 65A before service of notice under Section 13(2) of the SARFAESI Act, is not automatically defeated by enforcement action under Section 13; the lease continues until lawfully determined under Section 111 of the Transfer of Property Act. A lessee in lawful possession is included within the wide language of Section 17, but the Tribunal cannot restore possession to a lessee, so the remedy is not effective for protecting such possession. Rent control proceedings cannot block SARFAESI action, and Section 14 requires inquiry into whether the lease is valid and subsisting before dispossession. Case-Laws Indian Laws Thu, 03 Apr 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=268506