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Vikas Book Ltd. vs. Bank of Baroda, Jaipur

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Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002–Secs. 13(2), 13(4), 17 & 34–Loan advanced by respondent no. 2 by mortgaging the property towards the security–Failure in repayment–Proceedings of taking possession–Writ petition by petitioner-tenants against the proceedings–Fact of tenancy was not disclosed while mortgaging the property–Plea of petitioners that they cannot be evicted without taking the re-course of Rajasthan Rent Control Act–Held, dispute is neither the dispute of land-lord and tenant nor the proceedings were filed under the provisions of Rent Act–Central Act has overriding effect over the State laws–Petitions were field as a collusive and manoeuvred exercise between the petitioners and respondent no. 2 for creating the obstructions in way of taking possession –Held, petitions deserve to be dismissed with cost.