In Brief
A tenant occupying a property mortgaged to a bank sought to resist the bank's attempt to recover possession under the SARFAESI Act by claiming an oral tenancy agreement predating the mortgage. The Supreme Court rejected the tenant's claim, finding the tenancy to lack credibility and evidence, and treating it as a device to obstruct the bank's legitimate rights. The Court held that such purported tenancy does not attract rent protection laws and directed the tenant to vacate within 12 weeks, allowing the bank to enforce its secured interest in the property.
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