ORDER :

M.R. Pathak, J.

1. Heard Mr. J.C. Gaur, learned counsel for the petitioner and Mr. D. Banerjee, learned counsel for the respondents.

2. The petitioner herein is a businessman and owner of immovable property measuring 04 Katha - 0.375 Lecha under Dag No. 3420 covered by Patta No. 407 at Revenue Village Seuni Ali, Ward No. 19, Mouza - Jorhat Town Mouza No. 2, District - Jorhat, Assam, bounded by - North: land of Ashok Agarwala and Manoj Agarwala, South: A.T. Road and land of the petitioner, East: land of Bidyut Das and others and West: land of Jogmaya Hazarika and sons (hereinafter referred to as said land).

3. The petitioner decided to develop his said land and after obtaining necessary permission, he started construction of a multi storied RCC building, having 45 individual residential units/flats with financial assistance of the State Bank of India. It is contended that as the respondent Assam Gramin Vikash Bank offered more loans and also offered to take over the loans of SBI, therefore, the petitioner agreed with the terms of the respondent Bank. Initially, an amount of Rs. 235.74 lakhs was sanctioned by the respondent Bank to the petitioner as term loan and later it was enh