JAYALAKSHMI Vs. MYSORE URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has sought for a writ in the nature of mandamus to direct the respondent to execute a deed of absolute sale conveying title of the site bearing No.12069 at Vijayanagar, 4th Stage, 2nd Phase. The petitioner has challenged the endorsement bearing No.MyNaPra/Zone- 3/2010-11, dtd. 16/10/2010 issued by the respondent, by which the respondent refused to receive the balance of the allotment price.

(2.) The petitioner claims that on 6/3/1991, she filed an application for allotment of a site, measuring 40 feet x 60 feet by depositing a sum of Rs.5,625.00. The respondent considered the application of the petitioner and allotted a site bearing No.12069, measuring 40 feet x 60 feet in the layout called Vijayanagar 4th Stage, 2nd Phase on 28/8/1998. The value of the site was fixed at a sum of Rs.1,00,000.00. The petitioner claims that as per the terms and conditions of the allotment, she deposited a sum of Rs.15,000.00 on 14/9/1998 being 15% of the allotment price, Rs.20,000.00 on 31/10/1998, Rs.20,000.00 on 1/1/1999 and Rs.20,000.00 on 11/9/2000 and intimated the respondent about the payment, which was acknowledged by the respondent. The petitioner claims that she has deposited in all a sum of Rs.80,000.00 excluding the initial deposit of Rs.5,625.00. However, due to financial difficulty, she could not pay the balance amount of Rs.19,375.00 within the time stipulated. The petitioner claims that the respondent issued communication dtd. 17/11/2000 calling upon the petitioner to pay the balance amount of Rs.19,375.00 along with interest within 30 days from the date of receipt of the communication. The petitioner arranged the amount and paid a sum of Rs.19,375.00 along with interest of Rs.6,955.00, which was acknowledged by the respondent on 2/3/2001. The petitioner, therefore, contended that she had deposited the entire amount within time as demanded by the respondent in terms of the communication dtd. 17/11/2000. However, on 19/11/2002, the respondent issued one more letter calling upon the petitioner to pay Rs.19,375.00 and interest being the balance amount.

(3.) The petitioner submitted a representation dtd. 13/1/2003 and clarified that she had already deposited entire amount with interest and hence, contended that the demand made by the respondent was not correct and requested the respondent to re-consider the same. On 16/10/2003, the petitioner requested the respondent to execute a sale deed in respect of the site in question, for which the respondent did not take any action, which prompted the petitioner to again make one more request on 11/11/2008. However, the said request was also not considered. The respondent claimed that it had replied to the petitioner on 11/9/2008 and called upon the petitioner to produce necessary documents to execute the sale deed of the site in question. The petitioner claimed that this communication was not served on her. Hence, she again submitted a representation on 18/8/2009 requesting the respondent to execute a sale deed of the site in question. In response to the said request, the respondent issued an endorsement dtd. 16/4/2010 rejecting the request of the petitioner on the ground that the petitioner had failed to respond to the letter dtd. 11/9/2008 and that the petitioner had failed to pay the balance of Rs.20,000.00 within time.