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1998 Supreme(Pat) 469

R.A.SHARMA, A.K.PRASAD
Bihar State Housing Board – Appellant
Versus
Sardar Singh – Respondent


Judgment

1. The house in question was allotted to Sri Sardar Singh, the sole respondent in this appeal, in 1977 by the Bihar State Housing Board (hereinafter referred to as the Board) and a formal agreement in that connection was entered into in 1979, a copy of which has been filed as Annexure-3 to the writ petition. The price of the house as quoted in the agreement was Rs. 56,526.00 . In paragraph No. 4 of the said agreement, it was mentioned that the price quoted therein is tentative and the same is likely to be increased if the cost of construction, development, etc. goes up. In 1994, a demand notice for Rs. 62,706.00 was issued to the respondent, against which he filed C.W.J.C. No. 2556 of 1974 (R), which was disposed of with a direction to the Board to decide his representation. The Board has rejected the representation by order dated 31.5.1995. Being aggrieved by the said order the respondent filed C.W.J.C. No. 145 of 1996 (R), which was allowed by the learned Single Judge vide judgment dated 27.11.1996 insofar as the interest is concerned. Being dissatisfied thereby the Board has filed this appeal.

2. We have heard the learned Counsel for the parties.

3. The learned Counsel f

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