Legal Question in Banking Law in India

banking law

any judgement of supreme court or other courts that u/s.17(3) of the sarfeasi act possession can be given back only to the title holder not to the occupier.


Asked on 9/17/08, 11:56 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: banking law

Refer Supreme Court Cases.

Read more
Answered on 9/18/08, 4:28 am
J. Radhakrishnan independent Practice

Re: banking law

As far as we know till now there is no judgment of the Supreme Court that under the SARFAESI Act, Sec.17(3)re delivery of possession taken from an occupier should be given to only the title holder. The common law is that from whomsoever possession has been wrongly taken and who has in his application under Sec.17 proved before the DRT that the provisions of the Act have not been complied with will get an order for re delivery of possession

Read more
Answered on 9/18/08, 3:40 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: banking law

The Bank is obliged to return the possession to the person who was dispossed. If the premises were on rent, and tenant was evicted consequent upon SARFASI Act, the possession has to be restored to the tenant consequent upon settlement.

This is the settled legal position under Public Premises Act settled upto the Supreme Court. There is no provision to the contrary in the SARFASI Act.

Read more
Answered on 9/17/08, 5:11 pm


Related Questions & Answers

More Banking Law questions and answers in India