Application filed by tenant against bank before DRT challenging auction of bank of taking possession of premises in tenants possession doesn't arise out of contract - bar under section 69(2) is not applicable.

Citation

CDJ 2011 MHC 482

Indian Bank and others vs Nippon Enterprises south and others

Head Note

Constitution of India - Article 226 - SARFAESI Act - Section 31 - Transfer of Property Act - Section 107 - Indian Partnership Act - Section 69 - the lease deed which is sought to be relied upon by the tenant in a proceeding initiated by the bank under the provisions of the SARFAESI Act to contend that in the wake of the provisions of Section 31(e) and it being a tenant in bona fide occupation, the bank cannot take possession of the premises in question from the tenant under the provisions of SARFAESI Act. The reliance sought to be placed by the tenant over the unregistered lease deed is only for a collateral purpose to show that the tenant was inducted into the premises right from the year 1992 and thereafter, by an unregistered lease deed, from the year 2000 it had been in possession of the premises - Hence, the contention of the application at the instance of an unregistered partnership firm is not maintainable against the bank cannot be accepted and the point is answered accordingly - W.P. filed by the tenant is allowed - W.P. filed by the bank is dismissed.

Case Law Referred:
1. Anthony v. K.C.Ittoop and Sons and others, (2001) 1 M.L.J. 12
2. Bhushan Singh v. Shri Rati Ram, (1969) 1 SCWR 341
3. Delhi Development Authority v. Kocher Construction Works and another, (1998) 8 SCC 559
4. Jagdish Chandra Gupta v. Kajaraia Traders (India) Limited, AIR 1964 SC 1882
5. Yasin Khan v. Shreeram Finance Corporation, AIR 1989 SC 1769
6. Central Bank of India v. State of Kerala and others, 2009 (6) CTC 656
7. Girnar Traders v. State of Maharashtra and others, 2011 (1) Scale 223
8. Offshore Holdings Private Limited v. Bangalore Development Authority and others, 2011 (1) Scale 533
9. Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra and others, AIR 2010 SC 2633
10. Central Bank of India v. State of Kerala, (2009) 6 CTC 656
11. State of West Bengal v. Kesoram Industries Limited, (2004) 1 SCC 201
12. Government of Andhra Pradesh and another v. J.B.Educational Society and another, (2005) 3 SCC 212
13. M.Karunanidhi v. Union of India, (1979) 3 SCC 431
14. V.Dhanapal Chettiar v. Yesodai Ammal, (1979) 4 SCC 214.

Comparative Citations:
2011 (2) CTC 474, 2011 (2) LW 521, 2011 AIR(Mad) 238