ATMA RAM SHAH Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) ORIGINALLY in the writ petition the petitioner had prayed for a direction on the respondents to transfer House No. M/2 (double storied) under the Middle Income Group Housing Scheme situated at Argora Housing Colony, Ranchi, in the name of the petitioner by executing proper instrument. During the pendency of this application, the respondents issued Annexure 12 by which the petitioner was informed that as he has paid a total sum of Rs. 60,357/ - which includes principal and interest, he should' send to the Board typed copy of the sale deed on the stamp paper by valuing the same at Rs. 60,357/ -. By Annexure 13, Annexure 12 was referred to and a request was made to the petitioner to send the sale deed drawn on stamp paper, a draft of which was sent by Annexure 13 which has been marked as Annexure 14 to the writ petition. In 'View of this development, the petitioner filed an application for amendment of the writ petition for challenging that part of Annexures 12, 13 and 14 by which the petitioner was requested to value the sale deed at Rs. 60,357/ - and put stamp duty on the same.

(2.) THE question which arises in this case is what should be the value of the sale deed to be executed by the respondents in favour of the petitioner with regard to the house in question.

(3.) THE petitioner has filed a copy of the agreement as contained in Annexure 2 to the writ petition entered into by and between the parties on 15th February, 1967 relating to the house in question. It was agreed between the parties that the total sale price of the house would be Rs.34,500/ -. Out of this, the petitioner had already paid Rs. 14,500/ - and balance amount of Rs.. 20,000/ - would be payable by him with interest in 282 monthly instalments.