versus International Assets Reconstruction Co. Ltd. & Ors., (2014) 6 SCC 1, wherein it was held by the Hon’ble Court that in cases where a tenant has been inducted prior to the mortgage, such lease/ tenancy would be binding on the bank and the rights of the Banks under the SARFAESI act cannot override the rights of the tenants under the TP Act. This Tribunal has considered the above submission of the Ld. counsel for the appellant and is of the opinion that judgment cited by the Ld. counsel is distinguishable on the basis of the facts stated therein for the reason that in the present case there is no evidence at all on record to suggest that tenancy has been created prior to the mortgage, therefore, the judgment cited by the Ld. counsel does not help the appellant. 18. Perusal of the impugned order reveals that a very detailed and reasoned order has been passed by Ld. DRT-III, Chandigarh after analysing all the submissions made by the Ld. counsel for the appellant as well as respondent and there is no infirmity in the order passed by the Ld. PO to the effect that the tenancy was created by the appellant after creation of mortgage-deed dt. 24.05.2019. In this regard Ld. PO has referred to the judgment of Hon’ble Supreme Court in ‘ Vishal N Kalsaria Versus Bank of India, AIR 2016 SC 530’ and ‘Bajarang Shyamsunder Aggarwal Versus Central Bank of India and another, AIR 2019 Supreme Court 5017’ where it is held that creation of lease hold rights after the mortgage of the property requires the consent of Bank .
