( 1 ) THIS is a defendants appeal filed against the Judgment of the III Additional Civil Judge, Agra, dt. Sept. , 16, 1988, restraining the defendant Uttar Pradesh Avas Evam Vikas Parishad, Lucknow (hereinafter referred to as the Parishad) from realising unpaid instalments claimed from the plaintiff-respondents towards the hire purchase agreements under which the ownership of the flats constructed by the Parishad had been agreed to be transferred.

( 2 ) THE plaintiff-respondents filed Civil Suit No. 464 of 1988 Dr. N. Rajgopalan v. Uttar Pradesh Ayas Evam Vikas Parishad for the following reliefs : (A) That it be declared that the defendants are not entitled to charge any amount of price or value/instalment/hire or interest or any other amount of each flat exceeding Rs. 55,000/- and they are liable to refund the amount received in excee thereto. (B) Consequently the defendants be restrained by a permanent injunction from recovering, demanding or charging any amount towards the price/value/instalments or in any other manner whatsoever and through whomsoever. (C) Costs of the suit be awarded to the plaintiffs against the defendants. (D) Any other and further relief w