If any of the tenants claim that he is entitled to possession of a secured asset for a term of more than a year, it has to be supported by the execution of a registered instrument – Rohit Khandelwal and Ors. Vs. The Authorised Officer, Karnataka Bank Ltd. and Anr. – DRAT Kolkata
Hon’ble DRAT Kolkata held that in the present case, tenancy was allegedly by virtue of an un-registered tenancy agreement. Learned counsel for the appellant would submit that under West Bengal Premises Tenancy Act, tenancy can be created without executing registered agreement. The Hon’ble DRAT is unable to accept the submission made by the learned counsel for the appellant in view of the law laid down by the Hon’ble Apex Court in Bajarang Shyamsunder Agarwal.