In a landmark judgement, the Supreme Court of India has made a decisive ruling in the Tejas Apartments Building Conveyance Deed case. The case involves the construction of the Tejas Apartments building by Late Smt. Mrudula K. Ajmera and the subsequent dispute over the execution of the Conveyance Deed in favor of Tejas Co-operative Housing Society. The Court’s decision marks a turning point in the legal battle surrounding the ownership and occupancy rights of the building. Stay informed as we delve into the details of this significant ruling.
Facts
- Late Smt. Mrudula K. Ajmera constructed Tejas Apartments building comprising of Ground plus 7 Upper Floors.
- Appellants directed to execute Conveyance Deed in favor of Tejas Co-operative Housing Society.
- Appellants failed to supply service amenities, obtain Occupancy Certificate from Municipal Corporation, and execute the Conveyance Deed.
- Appellants filed an Application for leading additional evidence before the State Commission.
- National Commission held that additional documents sought by Appellants did not exist during District Forum proceedings.
- Civil Appeal filed to challenge National Commission’s Order.
- District Forum directed Appellants to obtain Occupancy Certificate within 3 months.
- Tejas Co-operative Housing Society filed Consumer Complaint against Appellants.
- Appellants filed Revision Petition against State Commission’s rejection of additional documents.
- Appellants requested permission to produce documents related to Occupancy Certificate.
- MCGM found unauthorized structures in the building and directed Appellants to comply with conditions.
- Appellants liable to pay Rs. 500/- per day if Occupancy Certificate not obtained within specified period.
- Flat owners formed Tejas Co-operative Housing Society.
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Analysis
- The Appellants sought to bring additional evidence on record through an application under Order XLI Rule 27, CPC.
- The documents in question were deemed necessary to establish that the Appellants cannot obtain the Occupancy Certificate until unauthorized structures are removed.
- The State Commission erred in rejecting the application solely on the grounds that the documents were not necessary, without considering the relevance of the evidence.
- The National Commission’s decision on the matter led the Appellants to file the present Appeal.
- The State Commission’s Order is unreasoned and lacks explanation
- The State Commission should have considered all aspects of the matter before reaching a decision
- A balanced and comprehensive assessment of the situation was needed for a just outcome
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Decision
- The State Commission is directed to decide the Appeal expeditiously as it has been pending since 2013.
- The State Commission is instructed to take additional documents on record and to decide the Appeal on merits in accordance with the law.
- The National Commission affirmed the Interim Order of the State Commission in its order dated 16.03.2018.
- The Civil Appeal has been allowed.
- The Interim Order dated 10.12.2015 by the State Commission and the Impugned Order dated 16.03.2018 by the National Commission have been set aside.
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Case Title: JITEN K. AJMERA Vs. M/S TEJAS CO OPERATIVE HOUSING SOCIETY
Case Number: C.A. No.-004628-004628 / 2019
