LAWS(P&H)-2013-8-1200

JAGIR SINGH Vs. STATE BANK OF INDIA

Decided On August 29, 2013
JAGIR SINGH Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) Debtor Jagir Singh has filed this revision petition under Article 227 of the Constitution of India assailing judgment and decree dated 22.07.2011 passed by the Competent Authority under the Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973 (in short, the 'Act').

(2.) Respondent State Bank of India filed application Annexure P-1 under Section 8-A (1) of the Act against the petitioner Jagir Singh alleging that the petitioner had taken loan of Rs. 99,400/- from the respondent bank and mortgaged his land. An amount of Rs. 30773.35/- remained due from the petitioner to the respondent bank till filing of the application. The bank sought decree for recovery of the said amount with interest at the agreed rate of 10.25% per annum with half yearly rests by sale of mortgaged land.

(3.) The petitioner filed application Annexure P-2 alleging that the mortgaged land is situated within municipal limit and therefore, only Civil Court has jurisdiction to try the application filed by the bank under the Act.