1. Respondent Nos. 2 to 5 i.e., Bihar State Housing Board and its officers being aggrieved by the order dated 25.9.2006 passed by a learned Single Judge in C.W.J.C. No. 5909 of 2001 allowing the writ application have preferred this appeal under Clause 10 of the Letters Patent.

2. Short facts giving rise to the present appeal are that the writ petitioner purchased Low Income Group house no. LH-1/27 in the year 1983 under Hire Purchase Agreement, the tentative consideration money being Rs. 43,511.00, on 30.11.1983. According to the terms of Higher Purchase Agreement he had to pay 180 monthly instalments of which last instalment was to be paid sometime in the year 2004. The writ petitioner deposited the instalments of higher amount than what was fixed and accordingly the entire consideration money was deposited in less than 140 instalments by September, 2000.

3. According to the agreement, the price fixed was tentative and was subject to increase and it further provided that in case of dispute, same is to be referred to the arbitrator named in the agreement.

4. Later on, by letter dated 1.3.2001 the writ petitioner was asked to pay an additional amount of Rs. 1,54,657.00 by 31