M.Y.EQBAL, J. - (1.) IN these two writ applications since common question of law is involved, they have been heard together and are disposed by this common order.
(2.) THE only question that falls for consideration is as to whether the respondent Housing Board is justified in demanding exorbitant amount from the petitioners -allottees before executing the final deed of conveyance in favour of the petitioners. Petitioners were allotted flats bearing Nos. HI -189, HI -98 vide allotment letters dated 28.9.1983 and 10.12.1983. Petitioners paid a sum of Rs. 16,550.00 against the total price of the house i.e. Rs. 82,000.00 fixed in the allotment letters. Hire Purchase Agreement was executed by the respondent -Housing Board in favour of the petitioners on 18.3.1986 and 21.3.1986. As per the said agreement the petitioners were to pay a further sum of Rs. 65,000.00 in 180 equal installments. Petitioners said to have started payment of installments and represented the respondent - Housing Board for delivery of possession of their respective houses. Delivery of possession of the houses were given to the petitioners on 19.5.1988 and 25.8.1988.
(3.) IN WP(C) No. 3952/2002 petitioners ' case is that he regularly paid the installments and the total amount paid by him is Rs. 1,54,260.00 while the total amount paid by the petitioner of WP (C) No. 3924/2002 is Rs. 1,42,250.50 Paise against the predetermined price of the houses i.e. Rs. 82,000.00 It is contended that after making payment of last installments the petitioners filed representation to the Executive Engineer of the respondent - Housing Board on various dates and requested him to execute deed of conveyance. However, instead executing the deed of conveyance the Managing Director of the Housing Board has issued the impugned letters demanding a sum of Rs. 2,33,254/ - and Rs. 2,15,840.00 from the petitioners respectively. The petitioners, therefore, contend that the demand of such exorbitant amount is wholly illegal and mala fide.;