BENNY N V Vs. DEPUTY TAHASILDAR

JUDGEMENT

(1.) THE petitioners, who are husband and wife respectively, availed two housing loans from the third respondent Bank, creating equitable mortgage over the property in question. Admittedly, there was some default, under which circumstances, the Bank proceeded with steps under the Revenue Recovery Act, which in turn is under challenge in this writ petition.

(2.) WHEN the matter is taken up for consideration, the learned standing counsel for the third respondent Bank submits that a sum of nearly Rs. 4.5 lakhs is 'overdue' in respect of the loan availed by the first petitioner, while almost similar extent nearly Rs. 4.2 lakhs is due in respect of the loan availed by the second petitioner. Unless and until the petitioners clear the entire 'overdue' amount, the claim for regularization is not liable to be entertained, submits the learned counsel.