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1992 Supreme(Raj) 637

N.L.TIBREWAL, V.K.SINGHAL
Bhanwarlal – Appellant
Versus
Bank of Baroda – Respondent


JUDGMENT

1. - Brief facts giving to the present special appeal are that the petitioner-appellant claimed himself to be an agriculturist and filed a writ petition challenging the constitutional validity of the provisions of Section 4(e) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 as violative of Article 14 of the Constitution of India.

2. The petitioner-appellant has taken a loan from Bank of Baroda for purchase of tractor trolly and other implements and also for digging of well. The D.P. Note, letter of hypothecation and letter of personal guarantee of Shri Sohan Lal were furnished. The loan was sanctioned by the Bank at the rate of 12.5%, which is 2% above the minimum bank interest rate of 10.5% as per directive of the Reserve Bank of India. There was default in making payment of loan and a suit was filed by the Bank against the petitioner-appellant and the land of Khasra No. 3016/56 having area of 15 bighas situated at village Nainwa, which was mortgaged by Bhanwarlal in favour of the Bank was prayed to be auctioned. The appellant-petitioner made an application under Section 6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter to be refe






























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