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Badarsha Mj
in Civil Law
Asked September 21, 2017

Notice of attachment of house on lease due to non payment of EMI by owner

  • 1 Answer

We are staying in a lease house. Our owner already have a housing loan against that house and he is not paying EMI. Now the bank has issued house attachment notice against that house we are in lease, how can we solve this? What is the actual expecting time of attachement after issuing notice?

Answer 1




Dear Sir/madam,

As far as the time period is concerned, the notice must be containing the expected time, before they start the attachment procedure. In such a case, the rights of the tenant get unaffected from the wrongdoings of the Landlord. The Hon’ble Supreme Court in the case of Harsh Govardhan Sondagar Vs. International Assets Reconstruction Company Ltd.[1] Clearly pronounced that the banks can only vacate the premise of the tenants whose lease or tenancy period have been determined or expired.

Vishal N. Kalsaria Vs. bank of India – the court said that the Rent Control Act cannot be superceeded by the SARFAESI.

Therefore, you – being the tenant, need not to worry about being vacated before the expiry of the term of your agreement.


[1] (2014) 6 SCC 1

Agree Comment 0 Agrees over 3 years ago

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