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Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Banking & Debt Recovery LawSupreme Court of India

Indian Bank & Anr. v. K. Pappireddiyar & Anr.

Civil Appeal · 2018 INSC 626Decided 20 Jul 2018
Civil Appeal No. 6641 of 2018
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

This order sends the case back; it does not decide the dispute. A bank moved under the SARFAESI Act against mortgaged land. Security interests in agricultural land are exempt from the Act.

Decision Breakdown

This is not a final decision on the dispute. The Court held that the Madras High Court had not made a specific finding on whether the land was actually agricultural, and that the revenue record classification is not conclusive. It restored the writ petitions to the High Court for fresh consideration.

Lesson Learnt

Whether land is agricultural for SARFAESI depends on its actual use, not just the revenue records.

Indian Bank & Anr. v. K. Pappireddiyar & Anr. – Legal Case Shots | LegalAware