JUDGMENT

The petitioner availed two separate loans from the respondent bank. According to the petitioner, while one loan was a non-agricultural loan, the other loan was an agricultural loan. According to the petitioner, the petitioner settled the liability in respect of non-agricultural loan under the 'നവക(cid:4)രള(cid:7)യ(cid:9) കട(cid:12)ശ(cid:12)(cid:4) ന(cid:12)വ(cid:14)രണ പദത(cid:12) ' It is submitted that, in respect of the agricultural loan, the petitioner was given relief by the Kerala State Farmers' Debt Relief Commission, Thiruvananthapuram. It is submitted that, by the document marked as Ext.R2(b) award along with counter affidavit of the 2^nd respondent bank, the petitioner was required to pay only a sum of Rs.1,06,000/- to settle the liability under the agricultural loan and that amount was also paid by the petitioner within the time specified in Ext.R2(b). It is submitted that, though the bank has returned the documents of title deposited by the petitioner for securing repayment of both the loans, the bank has not issued a Non Liability Certificate on account of which the encumbrance under the gehan executed by the petitioner is shown in the Encumbrance Certificate.

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