Section 14 SARFAESI limits magistrate inquiry to possession support; agricultural land objections under Section 31(i) lie elsewhere.

Section 14 proceedings under the SARFAESI Act are confined to assisting the secured creditor in taking possession of a secured asset; the Magistrate cannot adjudicate the merits of disputes about the property's character or the loan transaction. The Kerala High Court stated that the only limited enquiry is whether the asset is a secured asset, while the question whether the property is excluded as agricultural land under Section 31(i) must be decided by the appropriate forum under the Act. The Magistrate therefore lacks jurisdiction to determine the Section 31(i) objection in Section 14 proceedings.

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Issues: Whether, while acting under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Magistrate can decide the merits of a claim that the property is excluded as agricultural land under Section 31(i) of that Act.

Analysis: The jurisdiction under Section 14 is confined to assisting the secured creditor in taking possession of a secured asset. The Magistrate is not vested with power, jurisdiction or expertise to adjudicate the nature of the property or the merits of disputes arising from the loan transaction, except to verify whether the asset is a secured asset. The question whether the property falls within the agricultural land exclusion under Section 31(i) is for the appropriate forum under the Act and not for the Magistrate.

Conclusion: The Magistrate cannot decide the Section 31(i) agricultural land objection while proceeding under Section 14, and no jurisdictional error was made out in the impugned orders.

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