DATTAPRASAD R. SHIRODKAR Vs. VINOD DWARKANTH KHAPARDE

JUDGEMENT

(1.) The petitioner had intended to purchase a residential flat; so in 2007, he contracted with the builder. In the part performance of that registered agreement of sale, he secured possession of the flat and continued to live in it. The agreement, then, exclusively confined itself to the flat without reference to the parking area.

(2.) Similarly, the first respondent's predecessor also contracted with the builder and later purchased a flat in the same apartment, but on a different floor. The first respondent purchased the flat on 8/10/2014. The petitioner lives on the second floor and the first respondent on the first floor.

(3.) But there arose a dispute about the parking area. Therefore, the first respondent filed RCS No.189/2017/B before the Civil Judge, Senior Division, Mapusa, for a perpetual injunction. It was in June 2017. Pending that suit, the petitioner completed the purchase formalities in August 2017, for he had been in possession until then only under an agreement of sale. Though this purchase was based on the earlier agreement of sale, the sale deed included the parking area, too. That was not part of the agreement of sale, though. The justification the petitioner supplies in this regard is that when he contracted with the builder to purchase the flat, he did not have enough money to purchase the parking area. Later, he secured the amount and paid for the parking area as well. Therefore, in August 2017, the sale deed included both the flat and the parking area.