Supreme Court of India · 1985-01-29
BANK OF BARODA vs MOTI BHAI AND ORS.
- Citation / case number
- SC 1980/63423
- Court
- Supreme Court of India
- Petitioner
- BANK OF BARODA
- Respondent
- MOTI BHAI AND ORS.
- Author
- Y.V. (() CHANDRACHUD
- Bench
- Y.V. ((CJ) CHANDRACHUD
Judgment text excerpt
The Supreme Court held that under Sections 207 and 256 of the Rajasthan Tenancy Act, 1955, civil courts are barred from jurisdiction only in specific suits listed in the Third Schedule. The Court clarified that a loan transaction between a bank and an agriculturist is a commercial matter and does not fall under the Act's purview. Consequently, the civil court has jurisdiction to entertain the suit filed by the Bank for recovery of dues based on a promissory note, as it does not relate to any tenancy issues under the Act.