JUDGMENT

Thomas, J.-This appeal by special leave is in challenge of an order of the High Court of Patna dated 8.5.1995 by which a Division Bench has refused to modify an earlier order dated 2.2.1993. Appellants herein are the Bihar State Housing Board, its Managing Director and its Executive Engineer at Harun-Ranchi.

2. Bihar State Housing Board (For short the Housing Board ) put up flats under a housing scheme. As per the allotment order dated 9.12.1983, a flat bearing No. H-1/200 was allotted to the respondent at a tentative cost of Rs. 85,400/-. The respondent was to pay a sum of Rs. 17,230/- as the initial payment. As the respondent had paid an advance of Rs. 6,500/- he was permitted to deduct it from the initial payment and thus he was to pay Rs.10,730/- in a lump within thirty days from the date of allotment order. But respondent paid that amount only in 1987 presumably with interest (as he paid an amount of Rs.17,541/-). As per clause 6 of the allotment order the allottee was to pay the balance amount of Rs. 68,320/- in monthly instalments alongwith interest. The case of the respondents is that he could not execute the agreement as was required in the allotment order as the f