NDLI: Vishal N. Kalsaria Vs. Bank of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002 SARFAESI Act Rent Control Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Transfer of Property Act, 1882 (4 of 1882) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Maharashtra Rent Control Act, 1999 (18 of 2000) Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (57 of 1947)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s. 35 — Scope of — Whether the SARFAESI Act, by virtue of s. 35 thereof, would override the provisions of the Maharashtra Rent control Act, 1999 — Held: SARFAESI Act cannot mean to extend to each and every law enacted by the Central and State legislature — It can extend only to the laws operating in the same field — The SARFAESI Act and the Rent Control Act, both operate in different fields — A tenant cannot be evicted under the provisions of SARFAESI Act as the same would amount to stultifying the statutory rights of the tenant provided under the Rent Control Act — A landlord cannot be permitted to do through the SARFAESI Act, what he has been barred to do under the Rent Control Act — Thus, the provisions of the SARFAESI Act cannot be used to override the provisions of the Rent Control Act — Maharashtra Rent Control Act, 1999. Maharashtra Rent Control Act, 1999 — ‘Protected tenant’ under the Act - Whether can be treated as ‘lessee’— Held: If the two parties are executing their rights and liabilities in the nature of a landlord-tenant relationship, and if regular rent is being paid and accepted, mere non-registration of the tenancy deed will not make the lease nugatory. Judgment — Interpretation of - Held: In order to construe ratio decidendi of a judgment, a word or sentence cannot be picked up — A judgment cannot be read as a statute and interpreted and applied to fact situations.
Judge	Hon'ble Mr. Justice V. Gopala Gowda
Neutral Citation	2016 INSC 76
Petitioner	Vishal N. Kalsaria
Respondent	Bank Of India & Ors.
SCR	[2016] 1 S.C.R. 419
Judgement Date	2016-01-20
Case Number	52

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