S KUMARAN Vs. CHAIRMAN KERALA STATE HOUSING BOARD

JUDGEMENT

(1.) THIS is an unusual litigation. Perhaps, a forerunner of many of its kind; and indicative of a welcome trend.

(2.) IT is unnecessary to have a detailed account of the factual allegations in the case. The plaintiff was pushed out at the threshold; on the ground that two sections-Ss. 89 and 138-of the Kerala Housing Board Act, 1978 (hereinafter referred to as 'the Act') barred such suits. Some skeletal facts are, however, necessary even to evaluate the legal contentions and for evolving the course to be adopted by courts in litigations of this type.

(3.) THE trial court upheld the plea of the defendants about the bar to the suit based on S. 89 of the Act. This view found acceptance with the appellate court. According to it there was an additional bar to the suit. Ext. BI agreement was an action of the Board taken in'good faith' and consequently S. 138 foreclosed access for the plaintiff to the court of law. THE rejection by the trial court of the contention on merits Was also upheld by the appellate court.