https://www.taxtmi.com/caselaws?id=385801 In SARFAESI proceedings, a tenant can resist delivery of possession of a secured asset only if the tenancy is proved to be lawful and bona fide. A lease created before mortgage may be protected if valid and continuing until determined under the Transfer of Property Act, while a tenancy created after mortgage must comply with Section 65A, and a tenancy for more than one year requires a registered instrument under Section 107. On the stated facts, the alleged oral and unregistered tenancy was not proved by reliable evidence, its date and genuineness were doubtful, and it did not defeat the creditor's right to take possession. en-us Wed, 11 Sep 2019 00:00:00 +0530 Mon, 11 Nov 2024 15:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=385801 In SARFAESI proceedings, a tenant can resist delivery of possession of a secured asset only if the tenancy is proved to be lawful and bona fide. A lease created before mortgage may be protected if valid and continuing until determined under the Transfer of Property Act, while a tenancy created after mortgage must comply with Section 65A, and a tenancy for more than one year requires a registered instrument under Section 107. On the stated facts, the alleged oral and unregistered tenancy was not proved by reliable evidence, its date and genuineness were doubtful, and it did not defeat the creditor's right to take possession. Case-Laws Indian Laws Wed, 11 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=385801