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Builder Cannot Charge for Covered or Open Car Parking 2010 Sc

Builder Cannot Charge for Covered or Open Car Parking 2010 Sc

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………….……………..J
(R. M. Lodha)
…..…….……………..J
(A. K. Patnaik)
………….……………..J
(R. M. Lodha)
…..…….……………..J
(A. K. Patnaik)

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Categories:Business/Law
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08/11/2013

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REPORTABLE
IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 2544 OF 2010Nahalchand Laloochand Pvt. Ltd. AppellantVersus Panchali Co-operative Housing Society Ltd. …RespondentWITHCIVIL APPEAL NO. 2545 OF 2010CIVIL APPEAL NO. 2546 OF 2010CIVIL APPEAL NO. 2547 OF 2010CIVIL APPEAL NO. 2548 OF 2010CIVIL APPEAL NO. 2449 OF 2010CIVIL APPEAL NO. 2456 OF 2010 
JUDGEMENTR.M. Lodha, J.
Of these seven appeals which arise from the judgment dated April 25, 2008 passed by the High Court of 
 
Judicature at Bombay (Appellate Jurisdiction), five are at theinstance of the original plaintiff and the other two are by theparties, who were not parties to the proceedings before theHigh Court or the trial court but they are aggrieved by thefindings recorded by the High Court as they claim that thesefindings are affecting their rights.
The facts
:2.Few important questions of law arise in this group oappeals. It will be convenient to formulate the questions after we set out the material facts and the contentions of the parties.The narration of brief facts from S.C. Suit No. 1767 of 2004 willsuffice for consideration of these appeals. NahalchandLaloochand Private Limited is a Private Limited Company. As apromoter, it developd few properties in Anand Nagar, Dahisar (East), Mumbai and entered into agreements for sale of flatswith flat purchasers. The flat purchasers are members of Panchali Co-operative Housing Society Ltd. (for short, ‘theSociety’). The promoter filed a suit before the Bombay City CivilCourt, Bombay for permanent injunction restraining the Society
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(defendant) from encroaching upon, trespassing and/or in anymanner disturbing, obstructing, interfering with its possession inrespect of 25 parking spaces in the stilt portion of the building.The promoter set up the case in the plaint that under theagreements for sale it has sold flats in its building and each flatpurchaser has right in respect of the flat sold to him and to noother portion. It was averred in the plaint that each flatpurchaser has executed a declaration/undertaking in its favour to the effect that stilt parking spaces/open parking spacesshown in the plan exclusively belong to the promoter and thatthe declarant has no objection to the sale of such spaces by it.The defendant (Society) traversed the claim and set up the pleathat the promoter has no right to sell or dispose of spaces in thestilt portion and that the undertakings given by the flatpurchasers are not binding being contrary to law and based onsuch undertakings, the promoter has not acquired any right tosell stilt parking spaces.3.The parties let in evidence (oral as well asdocumentary) in support of their respective case.
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