Supreme Court · 2025 INSC 847 · Decided 15 July 2025
PNB Housing Finance Limited v. SH. Manoj Saha & Anr
- Court
- Supreme Court of India
- Citation
- 2025 INSC 847 · [2025] 7 S.C.R. 1041
- Case number
- CIVIL APPEAL No. 9492/2025
- Decided
- 15 July 2025
- Bench
- PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution; Transfer of Property Act; SARFAESI Act Section 13(2)
Headnote
Whether the High Court erred in directing the appellant to hand back the possession of the secured asset to the 1st respondent; whether the 1st Respondent failed to establish pre-existing tenancy in his favour. Securitisation and Reconstruction and Enforcement of Security Interest Act, 2002 - s.13(2), (4) - West Bengal Premises Tenancy Act, 1997 - 1st Respondent claimed to be a tenant of the secured asset since 1987, through an unregistered tenancy agreement - Tenancy expired in 1992, however, 1st Respondent
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