BIHAR STATE HOUSING BOARD Vs. YOGENDRA SINGH

JUDGEMENT

(1.) THE delay in filing the appeal is condoned. The appeal is taken up lor admission today itself.

(2.) HEARD the learned counsel for the appellant and perused the judgment of the learned single Judge under appeal. The point involved is indeed very short and simple. The land in question was allotted in favour of the respondent in 1987 and the price quoted at that time was Rs. 20,710A as the first instalment for payment, followed by subsequent instalments thereafter. It is the undisputed case of the parties, specially of the appellants that this amount was paid by the respondent in time. However, in 1997 the appellants came up with a fresh calculation and informed the respondent that the original price of the first instalment was wrongly fixed at Rs. 20,710/ - and that it ought to have been Rs. 27,710/ -. The respondent was thus, required to pay the difference of Rs. 7,000/. So far there is no problem. However, the problem arose with the demand of the appellants from the respondent for payment of interest on this amount of Rs. 7,000/ - from 16th May, 1987 even though the admitted case of the appellants is that Rs. 7,000/ - was demanded in 1997. Thus, the respondent was asked to pay a sum of Rs. 74,229/ - by way of interest liability. The learned single Judge held that the appellants cannot at all be found entitled to any claim of interest prior to 1997, because admittedly the respondent was never informed or intimated that he is liable to pay the difference amount. The learned single Judge on consideration of these facts went to the extent of burdening the respondent with interest liability 13.5% from 1997.

(3.) FOR the reasons stated above, the appeal is dismissed with costs assessed at Rs. 5,000/ - (five thousand) to be paid by the appellants to the respondent. The costs shall be recovered from the salary of the person found responsible for taking derision in filing this appeal.