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lawyers friend (na)     29 November 2014

Tenant rights under sarfaesi

We are tenant in a property since a century in Old Delhi area, however now the landlord has mortgaged the property 3 years back and got defaulted, Bank went to DRT and got an eviction order and appointed a reciever.

The last rent receipt we has was in the year 1997 ,since then the landlord has issues no receipt though rent is paid on six monthly basis , we also did not consider it as it was a very small amount.

My Question are :-

1)  How my tenancy is affected and can i be evicted.

2) What remedies do i have to safeguard my family


 3 Replies

Dalip Singh (Advocate)     29 November 2014

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.

lawyers friend (na)     30 November 2014

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.

T. Kalaiselvan, Advocate (Advocate)     03 December 2014

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.

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