Priya Ranjan (Sr. Ex.Legal) 18 September 2008
Being a lawful tenant you can file a objection petipion for protection of your rights before the DRT . You can also file a appeal in the concerned DRT U/s 17.
J K Agrawal (Advocates) 19 September 2008
Interest of a tenant is protected under relevant rent control acts. the sale is subject to lease already existed. The purchaser gets possession as it is that is to say with tenant. The purchaser can not dispossess the tenants apart from following legal course.
Guest (n/a) 24 September 2008
It depends since when the tenants are there in proprty , if they are prior mortgage then they cannot be evicted without due process of law ! If tenants are after the mortgage they cannot claim protection as per Delhi High Court Judgment , if bank does disclose prior encumbrances auction purchaser can take legal action against the bank
Prakash Yedhula (Lawyer) 02 September 2009
Ritesh Shah (s) 11 October 2010
We have attached immovable property (residential house) under SARFAESI. Appeal filed by Borrower against the same also dismissed. Now we are proceeding for sale of the said immovable asset. The property also consists some movable itmes like furniture fixtures which are not charged to us. Do I require to issue a notice for eviction of such movable itmes ? If yes, under which sec / rule of SARFAESI.