Section 17(4A) in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
(4A)[ Where-(i)any person, in an application under sub-section (1), claims any tenancy or leasehold rights upon the secured asset, the Debt Recovery Tribunal, after examining the facts of the case and evidence produced by the parties in relation to such claims shall, for the purposes of enforcement of security interest, have the jurisdiction to examine whether lease or tenancy,-(a)has expired or stood determined; or(b)is contrary to section 65A of the Transfer of Property Act, 1882; or(c)is contrary to terms of mortgage; or(d)is created after the issuance of notice of default and demand by the Bank under sub-section (2) of section 13 of the Act; and(ii)the Debt Recovery Tribunal is satisfied that tenancy right or leasehold rights claimed in secured asset falls under the sub-clause (a) or sub-clause (b) or sub-clause (c) or sub-clause (d) of clause (i), then notwithstanding anything to the contrary contained in any other law for the time being in force, the Debt Recovery Tribunal may pass such order as it deems fit in accordance with the provisions of this Act.]
