KOVAIPUDUR SELF FINANCE HOUSE OWNERS AND RESIDENTS WELFARE ASSOCIATION Vs. CHAIRMAN TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) THE above Second Appeal arises against the judgment and decree in A.S.No.124 of 2002 on the file of II Additional District Court, Coimbatore confirming the Judgment and Decree in O.S.No.1054 of 1997 on the file of II Additional Sub Court, Coimbatore.

(2.) THE plaintiff in the suit is the appellant in the above second appeal and the respondents are the defendants in the suit.

(3.) THE brief case of the defendants are as follows: (i) According to the defendants, the suit is not maintainable, since the plaintiff-Association has not followed the mandatory provision of Tamil Nadu State Housing Board Act. THE suit filed without issuing proper and valid notice and without giving the statutory period as contemplated under the Tamil Nadu State Housing Board Act, is untenable. Out of the 30 allotments, 4 of the allottees have paid the amount as fixed by defendants' Board and obtained their respective sale deeds and few of them paid the amount towards final cost. (ii) According to the defendants, at the time of allotment of site, the cost was fixed only tentatively and the allottees were informed about the tentative cost of the house including tentative land cost. THE allottees were specifically informed that the land cost was only tentative and any increase in the land cost, at a later date, will have to be borne by them, based on the extent of plot allotted to them. THE agreement executed by the allottees are binding on them. THE allottees having entered into the agreement are bound to act as agreed and they cannot go back since the allottees have not come to the court challenging the agreement and not sought for any declaratory decree in respect of the said agreement. THE allottees are not the absolute owners of the houses. (iii) According to the defendants, the allottees without paying the lawful amount due i.e., the final cost, demanded the sale deeds, that was rightly refused by the requisitioning board. THE Board fixed the final cost during April 1999 and informed about it to all the allottees and the allottees instead of paying the amount, filed the suit. (iv) According to the defendants, as per the agreement rules and regulations, the allottees are bound to pay the interest as agreed. THE plaintiff-Association instead of filing of suit for specific performance on payment of proper and valid court fees, to circumvent court fees provisions in a stealthy manner, has filed the present suit in order to escape from payment of court fees. THE Tamil Nadu Housing Board is a statutory body implementing social welfare scheme with the public money and borrowed money. THErefore, defendants prayed for dismissal of the suit.