Tenants cannot be evicted using provisions of SARFAESI Act 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. Context The Appellants were the tenants occupying the property mortgaged in the Bank. Since the landlord defaulted payment of dues, the Bank proceeded under SARFAESI Act, and the Magistrate allowed the application of the bank seeking possession of the mortgaged properties which are in actual possession of the Appellant. The Appellants approached Small causes court and the court passed an interim injunction against obstructing the possession of the appellant over the suit premises during the pendency of...