K.C.Agrawal, J. - (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 which may be deemed fit in the circumstances of the case, may also be awarded to the plaintiffs against the defendants.
(3.) They alleged that the State Government exercising, power under Section 3 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 established the Parishad to execute housing and improvement schemes, other projects and to co-ordinate various housing activities in the State and to ensure expeditious and efficient implementation of housing scheme in the State. The Parishad was not a profit earning body, but had been created to provide houses to the persons, who do not own or possess residences for themselves. In the course of implementation of its object the Parishad invited applications for registration of plots and for higher income group (HIG) flats thereon under the scheme styled as 'Neeharika' which were to be constructed in Kamla Nagar, Agra. In pursuance of the advertisement the plaintiff-respondents applied for registration with the Parishad by depositing an amount of Rs. 5,000/- each as registration fee. In 1982 the Parishad again issued an advertisement that the persons, who were already registered with it and were desirous of obtaining HIG flats could again apply for allotment in triple storeyed complex in Kamla Nagar by making a further deposit of Rs. 7,000/- besides Rs. 5,000/already deposited under the 'Neeharika Scheme'.;