Status of tenant in a mortgaged propert
Goapl Garg
(Querist) 19 September 2014
This query is : Resolved
A tenant is staying in a flat for last six months after excuting a proper Tenancy Agreement under Tenancy Act and pays Rent regularly.Now a Bank has approached him for securing the possession of the Flat as the flat had been under their Mortgage by the Owner of the Flat who is defaulter in repayment to Bank.The Bank says it has served the notice to the owner under sarfasi. What is the status of the Tenant under this circumstances?
Devajyoti Barman
(Expert) 19 September 2014
Academic query.
Specify what is your problem.
BAALASUBRAMANNYAMM
(Expert) 19 September 2014
A "Tenant" is always as a "Tenant" as long as the relationship of a Owner and Tenant is being continued, subjected the possession of rented premises is in the possession of the owner. If the rented premises is being occupied or taken over by any party under any law at source, there is no question of tenancy remains in existence. Here the bank, can seek an appropriate order of vacation of the tenant from the mortgaged premises.
R.K Nanda
(Expert) 19 September 2014
academic query.
T. Kalaiselvan, Advocate
(Expert) 28 September 2014
Despite the query appearing to be an academic in nature, experts Mr. Balakrishnan has given a good reply.
