BRIGADE ENTERPRISES LIMITED Vs. AQIL PASHA

JUDGEMENT

(1.) This judgement needs to be written with a pen dipped in tears. The facts of this case are peculiar and heart wrenching and therefore, it is treated peculiarly. Both nature and men having conspired against, a young couple died in mysterious circumstances, leaving behind a little girl child, for whose custody a legal battle was fought between the maternal parents in law on the one side and the paternal, on the other.

(2.) One Mr. Mohd. Shafiuddin Shadab had booked the flat in question vide Agreements of Construction dtd. 9/3/2015; He had espoused a gentle lady Sana Aqil and the couple begot a girl child namely Tuba Anam. The couple is said to have been done away with. There was custody proceedings concerning the minor child in G and WC No.305/2017, that eventually got disposed off appointing the maternal grandparents as guardians vide order dtd. 8/4/2019. That was put in challenge in MFA No.7520/2019 and we are told at the Bar that there is an amicable settlement whereunder the said child is presently given to the custody of 1st Respondent herein.

(3.) In the meanwhile, the Respondents had filed Complaint No.76/2020 grieving against the Petitioner ' Builder herein that despite receipt of the entire amount the flat was not handed and therefore, Petitioner should be directed to hand over the same by executing necessary conveyance in favour of the girl child and further, a direction be issued for paying the damages etc., Evidence having been recorded, matter came to be reserved for judgement by the State Commission allegedly without giving due opportunity to the Petitioner-Builder.