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2013 (3) TMI 18 - HC - Indian LawsDispute over leased property - Jurisdiction of civil court - held that:- When the tenant knows well that there will be a recovery or taking over of the possession of the mortgaged property or otherwise and enters into a lease agreement with the landlord, it is for him to seek protection before the appropriate forum namely DRT. Such a view of the matter has been dealt with clearly by the Division Bench in Sree Lakshmi Products' case. Therefore, I am of the considered opinion that the remedy available to the petitioner is only before the DRT, having jurisdiction over the issue. Though I am in complete agreement with the ratio laid down by the Division Bench in Indian Bank's case, even as there is inconsistency, repugnancy or overlapping, the mortgaged property is under the seizure of the secured creditor and if any person comes into the picture in between, the remedy for him lies only before the DRT and not the Civil Court.
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