Research › Browse › Judgment

Patna High Court · body

1992 DIGILAW 23 (PAT)

Atma Ram Shah v. Bihar State Housing Board

1992-01-24

S.ROY

body1992
JUDGMENT Satyeshwar Roy, J. 1. Originally in the writ petition the petitioner had prayed for a direction on the respondents to transfer House No. M/2 (double storied) under the Middle Income Group Housing Scheme situated at Argora Housing Colony, Ranchi, in the name of the petitioner by executing proper instrument. During the pendency of this application, the respondents issued Annexure 12 by which the petitioner was informed that as he has paid a total sum of Rs. 60,357/- which includes principal and interest, he should' send to the Board typed copy of the sale deed on the stamp paper by valuing the same at Rs. 60,357/-. By Annexure 13, Annexure 12 was referred to and a request was made to the petitioner to send the sale deed drawn on stamp paper, a draft of which was sent by Annexure 13 which has been marked as Annexure 14 to the writ petition. In 'View of this development, the petitioner filed an application for amendment of the writ petition for challenging that part of Annexures 12, 13 and 14 by which the petitioner was requested to value the sale deed at Rs. 60,357/- and put stamp duty on the same. 2. The question which arises in this case is what should be the value of the sale deed to be executed by the respondents in favour of the petitioner with regard to the house in question. 3. The petitioner has filed a copy of the agreement as contained in Annexure 2 to the writ petition entered into by and between the parties on 15th February, 1967 relating to the house in question. It was agreed between the parties that the total sale price of the house would be Rs.34,500/-. Out of this, the petitioner had already paid Rs. 14,500/- and balance amount of Rs.. 20,000/- would be payable by him with interest in 282 monthly instalments. 4. It is thus clear from Annexure 2 that the parties agreed that the value of the house is Rs. 34,500/- notwithstanding the fact that balance of the sale price would be paid by the petitioner with interest in 282 monthly instalments. The parties never agreed that the interest should also be added in the sale price of the house in question. 34,500/- notwithstanding the fact that balance of the sale price would be paid by the petitioner with interest in 282 monthly instalments. The parties never agreed that the interest should also be added in the sale price of the house in question. That being the position, I am of the opinion that the value of the sale deed to be executed by the respondents in favour of the petitioner with regard to this house !n question will be Rs. 34,500/-. 5. The petitioner will draw a sale deed on the requisite stamp paper, draft of which is Annexure 14 to the writ petition. The respondents-Board shall execute and register the sale deed within thirty days from the date of receipt of the sale deed drawn on the requisite stamp paper from the petitioner. 6. The application is disposed of with the aforesaid observation and direction.