Judgment:-

R.V. Raveendran J.

Leave granted. The respondent who appears in person, in response to the notice informing the hearing date, has requested that his presence may be dispensed with and his written submissions (reply with copies of the documents) may be treated as his arguments and matter may be disposed of. We have heard the learned counsel for appellant and considered the contentions of the respondent in his written submissions.

2. The appellant (Bhubaneshwar Development Authority) allotted MIG house bearing No. M-19, to the respondent, as per letter of allotment dated 1.5.1991. A lease-cum-sale agreement was entered between the appellant and the respondent on 6.5.1991. Clause (2) of the agreement stipulated the price of the house to be Rs.139,215/40. After deducting the payment of Rs.37,415/- made by the lessee towards the price (on 29.6.1990), it permitted the lessee to pay the balance of Rs.101,800/40 in 52 quarterly instalments of Rs.1957/70 each commencing from 1.9.1989. The said clause gave the option to the Lessee to convert the lease into a sale on completion of payment of all the instalments by paying a commitment charge of Rs.200/-. Clause (3) of the agreement r