PREMA DEVI Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. Purushottam Kumar Jha, learned counsel for the petitioner and Mr. Ajay Kumar Sinha, learned counsel for the respondent-Central Bank of India. Mr. Anil Kumar Singh, learned GP-26 is also present for the State.

(2.) The prayers of the petitioner in the present application are as under:-

(3.) In short, the case of the petitioner is that she and her husband Shiv Chandra Prasad had jointly availed a housing loan of Rs.2,76,000.00 sanctioned on 20/1/2006 with repayment term of 108 months from the Central Bank of India. Since her husband was ailing with cancer, she moved to Mumbai along with her daughter and stayed there continuously between 2010 and 2015. Subsequently, her daughter also fell ill and died on account of some ailment. The death of her daughter created acute mental shock and agony as a result of which she could not repay the loan amount in time. Subsequently, she came to know that her house has been auction sold by the respondent Bank and the respondent no. 5, the auction purchaser, is attempting to take over the possession of the house.