ILC-2011-SC-CIVIL-Dec-5
Ishwar Dass Nassa & Ors Vs. State of Haryana & Ors.
Hire Purchase Tenancy Agreement - Additional price of allotted tenements - demand of - Was challenged - The High Court held that once the cost of land gets increased on account of payment of higher compensation to the landowners the Board is entitled to demand additional price from the allottees - Hence, the appeals - Whether the Haryana Housing Board could ignore the Hire Purchase Tenancy Agreement executed by the appellants and demand additional price from them after 10 years of the allotment of tenement - Held no - The Board's power to revise the price of the tenements is hedged with the limitation of 7 years contained in clause 2(w) of the Hire Purchase Tenancy Agreement, thus, in view of the bar contained in clause 2(w) of the Hire Purchase Tenancy Agreement, the Board could not revise the price after 7 years of the allotment of tenement, irrespective of the justification for such revision - The demand notices issued by Estate Manager, Sonepat requiring the appellants to pay the additional price quashed - Impugned order of the High Court set aside - Appeals allowed.
Hon'ble Mr. Justice G. S. Singhvi , Hon'ble Mr. Justice Sudhansu Jyoti Mukhopadhaya ,
Harish Chander, Sr. Advocate, Sanjeev Malhotra, Advocate, with him
T.V. George, Dushyant Kumar, Advocate
Topic(s)-Hire Purchase Tenancy Agreement
Important Decision(s)-
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