Tenant eviction in a purchase under Sarfaesi Act 2002
Querist :
Anonymous
(Querist) 07 April 2010
This query is : Open
I bought a commercial office building, where my company was and still is, a tenant, under Sarfaesi Act 2002 at a bank foreclosure auction. After a 2 year legal battle (appeals upto SC by the borrower/Owner and again at DRT) the title was vested in me. I managed to throw the Owner/borrower out. But a pre-exisiting commercial tenant (actually two companies under same proprietor) refuses to vacate, has not been paying the pre-existing rent etc.).
My attorney filed 2 cases for eviction under the Rent Control courts, against the 2 companies. Almost 2 years later, it still has not come to trial, while the tenant continues to enjoy the property rent free.
Could this have been filed any where else other than the Rent Control ? I am told that this should have been easy and quick and should have been filed in HC, due to purchase under Sarfaesi? Even if I get the eviction order from Rent control (or HC), I am told that this can go onto appeal? The tenant is hard to work with. Answers & advise?
Prakash Yedhula
(Expert) 07 April 2010
The rent control proceedings need not have been initiated. You could have very well given a letter to the authorized officer of the bank to initiate action under section 14 of the SARFAESI Act for taking possession. Whereupon the authorized officer and yourself could have approached the Chief Judicial Magistrate under Section 14 of the Act to take possession, which is the normal procedure adopted by banks/auction purchasers. Even now you can try this option as the rent control proceedings are time consuming.
