Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002–Sec. 13–Claim of tenancy over the secured asset–Interim relief–Rejected by the DRT–High Court reversed the findings–If the lessee claims the tenancy through an oral/unregistered agreement, the term of the lease cannot extend one year and the lessee is not entitled to possession of the secured asset beyond a period of one year–Respondent claimed that he was a tenant in the secured asset from 1987 but he unabled to place on record any rent receipt, tax receipt or electricity bill evidencing continued occuptation of the premises prior to issuance of demand notice u/s. 13(2)–It is not a compelling case of pre-existing tenancy in favour of the respondent no. 1–Institution of suit for ejectment by respondent no. 1 may be a case of a sham and collusive suit to defeat the claim of the appellant–Impugned order passed by the High Court is liable to be set aside.
