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    <title>SC overturns restoration of possession due to lack of evidence under SARFAESI Act provisions</title>
    <link>https://www.taxtmi.com/highlights?id=90525</link>
    <description>The SC allowed the appeal, setting aside the High Court&#039;s order directing restoration of possession to the 1st Respondent. The 1st Respondent failed to establish a prima facie case of pre-existing tenancy rights, lacking convincing evidence such as rent receipts or bills predating the SARFAESI demand notice. Reliance on post-demand rent deposits and uncorroborated references to tenancy were insufficient. The 1st Respondent&#039;s delay in asserting tenancy rights and failure to approach the DRT timely undermined his claim. The High Court erred by ignoring these factors and ordering mandatory restoration without a compelling case. Consequently, possession remains with the Appellant, and status quo is maintained pending the securitization application&#039;s disposal.</description>
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    <pubDate>Wed, 16 Jul 2025 08:17:20 +0530</pubDate>
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      <title>SC overturns restoration of possession due to lack of evidence under SARFAESI Act provisions</title>
      <link>https://www.taxtmi.com/highlights?id=90525</link>
      <description>The SC allowed the appeal, setting aside the High Court&#039;s order directing restoration of possession to the 1st Respondent. The 1st Respondent failed to establish a prima facie case of pre-existing tenancy rights, lacking convincing evidence such as rent receipts or bills predating the SARFAESI demand notice. Reliance on post-demand rent deposits and uncorroborated references to tenancy were insufficient. The 1st Respondent&#039;s delay in asserting tenancy rights and failure to approach the DRT timely undermined his claim. The High Court erred by ignoring these factors and ordering mandatory restoration without a compelling case. Consequently, possession remains with the Appellant, and status quo is maintained pending the securitization application&#039;s disposal.</description>
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      <pubDate>Wed, 16 Jul 2025 08:17:20 +0530</pubDate>
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