TMI Blog2006 (8) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty M/s. Eupharma Laboratories Ltd., is fully protected under the provisions of Delhi Rent Control Act and cannot be dispossessed without taking recourse to the provisions of the Delhi Rent Control Act. We need not narrate the detailed facts. But it is suffice to state that M/s. Eupharma Laboratories Ltd. who is a principal borrower had availed some loans from Oman International Bank after mortgaging the said flat in question in favor of the bank by executing a memorandum of mortgage dated 4th February, 1999. On the failure of the borrower to pay back the loan, the bank had invoked the relevant provisions of SRFAESI Act and approached the learned CMM, Delhi so as to seek directions for taking over the possession of the said mortgaged pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely.... 3. Even a cursory glance over the said provision would clearly show that the protection afforded to a tenant is from the landlord of the premises and the landlord of the premises cannot recover possession from the tenant unless he takes recourse to any of the grounds as available to him under Section 14(1) of the Delhi Rent Control Act and the right of the tenant is fully protected notwithstanding anything contrary contained in any other law or contract. In the present case, it is a mortgagee who has enforced his right under the SRFAESI Act against the principal borrower who had mortgaged the said property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rent and a condition of re-entry on the rent not being paid within a time therein specified. (3) The provisions of Sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of Sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section. 5. Section 65-A of the Transfer of Property Act deals with the power of the mortgagor to lease the mortgaged property. This power of mortgagor is not unfettered but has been conditioned under Sub-Sections 1, 2 and 3 of Section 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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