MALAY RUDRA Vs. GARDENIA AIMS DEVELOPERS PVT.LTD.

JUDGEMENT

(1.) This appeal was admitted by this Court on 23.10.2019 on the following substantial questions of law:

(2.) As regards, question numbers 1 and 2, the same have already been considered by this Court on 23.10.2019 rendered in Second Appeal Defective bearing No. 268 of 2018 and have been answered. The said questions being questions of law, although, one, which have a bearing on the rights of the parties in this case, therefore, whatever has been held in the judgement dated 23.10.2019 applies in this case also, so far as the legal position elucidated therein is concerned. On a perusal of the impugned order, this Court finds that the reasons given by the Tribunal in the impugned order are same which were given in the order impugned in the aforesaid appeal bearing No. 268 of 2018.

(3.) With regard to question No. 1, this Court in the aforesaid case has held as under: