LAWS(MAD)-2008-12-272

R SARAVANAN Vs. TAMIL NADU HOUSING BOARD

Decided On December 08, 2008
R. SARAVANAN Appellant
V/S
TAMIL NADU HOUSING BOARD Respondents

JUDGEMENT

(1.) IN both the appeals, as common question of law involved and preferred against common order dated 30th Aug., 2006, passed by learned single Judge, they were heard together and disposed of by this common judgment.

(2.) THE appellants were allotted houses by the Tamil Nadu Housing Board prior to 30th Dec., 2000, but as the final price has not been deposited, their respective houses were not registered in their favour. THEre being no takers, many of the constructed houses having not sold, the State Government issued G.O. No.29 dated 22nd Jan., 2001, instructing the Housing Board to sell those houses at the rate fixed at the time of completion of the construction by waiving the interest calculated from the date of completion of construction till the date of its selling. Though the respective house of the appellants were allotted prior to 30th Dec., 2000, but for laches on their part they were not registered in their favour the appellants wanted to derive the advantage of G.O. No.29 dated 22nd Jan., 2001 for waiver of interest and the same having rejected by learned single Judge vide impugned common order dated 30th Aug., 2006, the appellants have preferred the respective appeals against such judgment.

(3.) COUNSEL for the appellants submitted that no sale having taken place prior to 31st Dec., 2000, the appellants are eligible and entitled for the benefit under G.O. No.29 dated 22nd Jan., 2001. She placed reliance on laws and judgments of various Courts to define sale, which reaches finality after execution of a sale deed. According to her, merely an agreement having entered into, it cannot be said that sale has taken place. On the other hand, the stand taken by the counsel for the Housing Board is that G.O. No.29 dated 22nd Jan., 2001, is meant for those houses for which there was no takers and nobody applied or opted to take such house. The appellants having opted for their respective houses, it cannot be stated that there was no applicant for those two flats and, therefore, not eligible for grant of benefit in terms with G.O. No.29 dated 22nd Jan., 2001.