Protection to a tenant in sarfaesi matter
Goapl Garg
(Querist) 30 April 2015
This query is : Resolved
I am a bonafide tenant(by notarised Rent Agreement) governed by state tenancy act in respect of two rooms of a building which use them for my office purpose for a valid and lawful business with proper trade license, landline and my montly rent against bill regularly.These two rooms are in the back side of the building and they can be appraoched thrugh the only one main gate of the building which is also clealy defined in my agreement and the sketch with it.Recently it has come to my knowledge that my tenenated prtion is a separtae plot bought over by landlord earlier by separate conveyance deed and the front portion where he himself stays was a separate house bought by him later by separte conveyance deed and for his convience the landlord has kept the two properties as one adjecent to each other and with one entrance.The house where the landlord lives was under a mortgage as guarantor towards some loans availed by his married daughter and now the Bank has served the landlord some type of notice of 13(4) of Sarfaiesi act and pasted it on the wall of the house.The Bank people who came to do it, told that they would now take permission from magistrate for forcible possession of the house and in such case I will also be not able to use my office as it is in behind block of the house but this block is not mortgaged as also confirmed by landlor and Bank people.There is no malafide from landlor as he gave guarantee and motgages for his daughters family and theye are now in some trouble.
What the Bank can do to me is this situation?
what the landlord should do in this situation to give me protection?
what should i do in this situation? though neither landlord nor the bank is making any move to oust me, but if bank take possession of the front house then how i shall continue to use my office?
do i have any defense?
MANOJ HARIT
(Expert) 30 April 2015
U hv a valid & legal defence. Move the DRT u/s 17(1) & obtain a stay on possession of the passage. It would be easy.
Rajendra K Goyal
(Expert) 30 April 2015
You should inform the Bank regarding your passage and get a stay on any move against the status quo regarding passage.
Goapl Garg
(Querist) 30 April 2015
Sir,
I am informed that DRT will not entertain my petetion as I am neither a borrower nor a guarantor, and the bank has not served any notice to me.I can not have any objection for the house which is under mortgage but I am tenanted in the backyard house which is not under mortgage and I am advised that as the bank shall approach to DM/CJM for permission under section 14, I should lodge my application there so I am heard before any order is issued to the bank.Opinion please....
MANOJ HARIT
(Expert) 01 May 2015
Generally, DM does not entertain any objections during Sec 14 proceedings. No hearing is given.
As advised by Rajendraji, first write to the Bank. If they fail to address u r concern, move DRT.
Any affected person can move an Application u/s 17(1).
Vinesh K Chhaya
(Expert) 03 May 2015
may not entertained any application cause matter is regarding public money..
but DRT has jurisdiction to decide the legality of possession
