In Brief
A widow sought to establish her inheritance rights to property illegally sold by her brother-in-law and later mortgaged to a bank. When the bank initiated recovery proceedings under the SARFAESI Act, the widow sued in civil court seeking declarations that the sale and mortgage were void and claiming possession. The bank objected, arguing the civil court lacked jurisdiction. The Supreme Court held that civil courts retain jurisdiction over suits challenging the validity of documents executed before the bank's enforcement action, as this falls outside the Debts Recovery Tribunal's powers. The appeal was dismissed, allowing the civil suit to proceed, while emphasizing banks must conduct adequate title clearance reports before lending.
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