V.GNANARAJAPUSHPAM Vs. BBC FOUNDATION PRIVATE LIMITED

JUDGEMENT

(1.) O.P.No.27 of 2009 has been filed by the Respondent challenging the Award of the sole Arbitrator directing the Respondent to execute sale deed in respect of 75% of the undivided share in the property and also to execute Power of Attorney in respect of 75 % of the undivided shares in favour of the Claimant. In nutshell specific performance was granted by Award dated 29.12.2008.

(2.) O.P.No.111 of 2009 filed by the claimant challenging the arbitral Award finding that Clause 12 of the Joint Development Agreement is null and void and rejecting the claim of the claimant for direction to sell 6000 sq.ft out of 55% share of the owner. Since the entire award relates to the Joint Development Agreement between the parties, both the Original Petitions are disposed of in a common order and the facts are one and the same, the parties referred as per their own rankings before the Arbitral Proceedings.

(3.) The Respondent is the owner of the 1.11 Acre of land (comprising S.No.1/14B6 measuring 23 cents, S.No.1/14E measuring 52 cents and S.No.1/14D measuring 36 cents), in Chitlapakkam Village, Saidapet Taluk, Chenglepet District. The claimant and respondent entered into a Development Agreement on 17.6.2004 for the development of a portion of the land i.e., 14.17 grounds out of 1.11 Acres. It is the admitted fact that at the time of the agreement that 14.17 grounds has not been identified. Whereas boundaries for entire 1.11 Acres was shown in the agreement. The Claimant agreed to construct and complete the residential complex, specified in Schedule C of the agreement subject to the Development control Rules and statutory approval and regulations of CMDA and other authorities. As per the agreement the claimant shall, at his cost, construct the entire building and allot 25% out of the total built up area, together with the proportionate undivided share of the land to the owner/respondent and 75% of the constructed area together with its proportionate undivided share of the land could be sold or retained by the Claimant.