( 1 ) A small site measuring 30 feet by 50 feet in Jayanagar was allotted on December 14, 1949 by the City Improvement Trust Board to a certain Abdul Razack. The terms and conditions under which that allotment was made were incorporated in an agreement executed on May 26, 1952. The third condition in that agreement stated that the allottee should commence the construction on the site allotted to him within six months from the date on which possession was delivered, and that that construction shall be completed within two years thereafter. Possession was delivered to the allottee on June 18, 1953, but the allottee did not commence the construction. Instead, he sold the site to the petitioner before us on March 1, 1967.

( 2 ) ON April 24, 1967 the allottee made an application to the Trust Board for the transfer of the khata of the site to the name of the petitioner. On July 12, 1967 the Trust Board informed the allottee that that transfer would be made provided he paid the various sums of money set out in that communication. The transferee was asked to pay a small sum of Rs. 10/- by way of transfer fee, a sum of Rs. 54/- which was 61/4% of the value of the site and