https://www.taxtmi.com/caselaws?id=456639 A mortgagor cannot confer occupation rights on a third party in a way that defeats the mortgagee's security, because Section 65-A of the Transfer of Property Act permits only lawful leasing within prescribed limits and subject to the mortgagee's rights. On the facts, the occupant was neither a tenant nor a lessee under any lease deed, and the claimed possessory lien and permissive occupation were not legally recognisable. The HC therefore held that the occupant could not resist enforcement by the mortgagee under the security enforcement regime, and the issue was answered against the occupant. en-us Wed, 21 Nov 2012 00:00:00 +0530 Wed, 07 Aug 2024 10:16:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456639 A mortgagor cannot confer occupation rights on a third party in a way that defeats the mortgagee's security, because Section 65-A of the Transfer of Property Act permits only lawful leasing within prescribed limits and subject to the mortgagee's rights. On the facts, the occupant was neither a tenant nor a lessee under any lease deed, and the claimed possessory lien and permissive occupation were not legally recognisable. The HC therefore held that the occupant could not resist enforcement by the mortgagee under the security enforcement regime, and the issue was answered against the occupant. Case-Laws Indian Laws Wed, 21 Nov 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456639