Tenant rights under sarfaesi

It is not a eviction order.   It is a possession order (though you have not attached the copy of order).   Since you are tenant for a century and the property was mortgaged 3 years back, the bank has no right to take possession from you.   The bank should not have  taken this property as security.  The bank has done blunder.  The bank is only entitled to receive rent from you from the date the proprietory symbolic possession is taken by them.   If you have received any notice from the Receiver, immediately hire a lawyer and take stay if bank ask for possession and in case bank asks for rent, you can give rent  to them henceforth.   At any cost, do not handover the possession.   Consult your local lawyer practicing in DRT immediately.

Thanks Mr Dalip,

We have filed a plea in front of the CMM who has passed the eviction order, but he denied our tenancy prima facie as we do not have rent receipts or lease agreement as such from last 17+ years, though we have electricity meter in my grand father and father name, paying house tax regularly and all other taxes.

We are so much stuck now.

Though the rental receipts or lease agreement are not available, the latest property tax paid receipts, electricity consumption paid bills, water tax paid receipts and latest communications received at this address will be strong documentary evidence to prove your cause, you may prefer an appeal and stay of the execution in the mean time.