In a significant ruling, Supreme Court of India has held that the provisions of the SARFAESI Act cannot override the provisions of the Rent Control Act. Apex Court Bench comprising of Justices V. Gopala Gowda and Amitava Roy, in Vishal N. Kalsaria vs. Bank of India, said that non obstante clause as in section 35 of the SARFAESI Act cannot be used to bulldoze the statutory rights vested on the tenants under the Rent Control Act.
Article referred: http://www.livelaw.in/sarfaesi-act-cannot-override-rent-control-laws-tenants-cannot-be-evicted-using-provisions-of-sarfaesi-act-supreme-court/
Article referred: http://www.livelaw.in/sarfaesi-act-cannot-override-rent-control-laws-tenants-cannot-be-evicted-using-provisions-of-sarfaesi-act-supreme-court/
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