JOY JOSEPH Vs. REGIONAL ENGINEER

JUDGEMENT

(1.) The complaint of the petitioner is over the delay in execution of sale deed. On 05.12.1988, petitioner executed an agreement with the Kerala State Housing Board for purchasing a plot, based on which Ext.P1 letter was issued by them. Petitioner has stated that he has paid a sum of Rs.2,34,121/-, which, according to him, is far in excess of the required. It is stated that after repeated requests in Exts.P10 to P13, the Housing Board executed a provisional sale deed years later and that a Pukka sale is yet to be executed.

(2.) Respondents have filed a counter affidavit admitting the execution of Ext.P2 agreement for sale entered into between the petitioner and the Board on 05.12.1988 in respect of plot No.174 having an extent of 225M2. It is stated that the plot area is subsequently found to be 274.05734M 2. It is stated that the plot was handed over to petitioner on 11.07.1991 as per Ext.R1(b) receipt. According to the Board, the delay occurred in execution of sale deed because of the acquisition proceedings, settlement of LAR cases based on that, receipt of certificate as to satisfaction of decree, finalization of accounts, etc. It is stated that pursuant to the judgment in W.P.(C).No.3378 of 2008, the Board had as per Ext.R1(c) minutes, taken a decision on 30.05.2008 to issue conditional sale deed to the allottees, incorporating necessary provision to recover the excess amount if any on finalization of the Scheme and thereafter the draft of conditional sale deed was handed over to the petitioner on 18.07.2017.