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J. Sundramma Vs. State of Karnataka [21/03/13]

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[Civil Appeal No.2648 of 2013 arising out of SLP © No.18231 of 2011]. The appellant is the widow of the original applicant, S. Ramakrishna, who was allotted a site bearing No.7119 measuring 6 meters x 9 meters in Vijayanagar, 4th Stage, 2nd Phase, Mysore, by the Mysore Urban Development Authority, under general category. The allottee made part payment of the consideration amount, however, the payment was not made within the stipulated time. The husband, however, passed away on 25th May, 1994, as a result of which the appellant made an application for allotment of the plot in her name. This application was accepted on 5th March,1998 and the plot was allotted in the name of the appellant. The total price of the site was fixed at Rs.10,000/- . The appellant deposited Rs.1157/- along with the application and Rs.1500/- within the stipulated fifteen days of receipt of the allotment letter. She was to pay Rs.7343/- within ninety days from the date of the issuance of the grant certificate. By mistake, being illiterate, she deposited only Rs.5000/-, leaving a sum of Rs.2343/- unpaid. The Mysore Urban Development Authority issued a notice on 19th January, 2005 indicating that the total price of the site is Rs.10,000/-, out of which the allottee had paid only Rs.7657/-, thus leaving a balance, to be paid, of Rs.2343/-.

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