Very urgent

Mantu Agarwal (Querist) 24 July 2013 This query is : Resolved
Dear Expert,
We are one of the tenant of the property situated in howrah (WB) which was mortgaged by the land lord to SBI bank.

Now due to non payment of loan amount of rs. 17 lakhs by Landlord bank has stick a notice on the building that this property is under the possession of SBI bank.

And banker said that they will sold out the property.

We had deposited of RS. 2 Lakhs as security deposit to Land lord which is refundable.

Now what is the remedy available to us
how can i get back my deposit.
please explain in details as soon as possible.
its very urgent

thanking You
mantu Agarwal

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R.K Nanda (Expert) 24 July 2013
send legal notice to LL to refund ur money.

Rajendra K Goyal (Expert) 24 July 2013
The auction may not be associated with the eviction of the tenants.
For security amount send legal notice to land lord.
You can try for your money from surplus of the sale proceeds through court.
Consult your lawyer.

Mantu Agarwal (Querist) 24 July 2013
Thank you very much expert.
Can I asked bank to refund our security money out of sale proceeds becoz Land lord is not in position to refund the money.

Guest (Expert) 24 July 2013
While I endorse the views of Shri Rajendra K Goyal, I may add that your claim lie only on the landlord, not the bank. So, neither the bank is liable to adjust or refund your security deposit, nor can entertain any claim directly for any private transaction between the landlord and tenant.

prabhakar singh (Expert) 24 July 2013
Dhingra ji is right.There is no privity.Your claim of refund lies only from landlord.

Your lease right may also get jeopardised as auction of mortgaged property either on decree by court or on action under SARFACIA would be treated as foreclosure of the rights of the landlord as owner on his default to pay Bank's loan.

Raj Kumar Makkad (Expert) 24 July 2013
I do endorse the advice of the experts.

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