A tenant is in a premises which as he now learns is a security interest to a bank by the landlord. The landlord in now asking him to leave the property before the agreement period. As such the tenant has filed an appeal before the civil court requesting for injunction restraining the landlord and the bank. However the bank is requesting dismissal of the suit under order 7 rule 11(d) with bar under section 34 of SARFAESI Act as the cause. But in the tenant's plaint, nowhere it's mentioned about SARFAESI. The bank has submitted judgements in its support.
What best strategy can be taken by the tenant? It will be highly beneficial if relevant judgement can be provided showing the juridiction of civil court is allowed (as this is primarily a tenant-landlord matter) in such cases & that the interest of the tenant can be protected.