KEDAR CHANDRAKANT BERDE Vs. RISHABRAJ HOUSING

JUDGEMENT

(1.) Appellant/original Plaintiff has filed this appeal challenging the Judgment and Order passed by the learned Single Judge. By the said Judgment and Order dated 15/06/2015, the learned Single Judge was pleased to restrain Defendant No.1 from creating third party rights in respect of Flat No.702 admeasuring 830 sq. ft. carpet area in the suit building. The learned Single Judge further held that the Plaintiff was entitled to the judgment in terms of prayer clause (b) in respect of Flat No.702 admeasuring 830 sq. ft. carpet area in the suit building which was to be constructed by Defendant No.1 as per the redevelopment agreement. It was further held that the Plaintiff was entitled to 562.5 sq.ft. carpet area free of cost from 830 sq.ft. of carpet area of the flat and that the Plaintiff was entitled to purchase remaining 267.5 sq. ft carpet area for Rs 14 lakhs.

(2.) Brief facts which are relevant for the purpose of deciding this appeal are as under:

(3.) Appellant is a member of Respondent No.2 Society and was in possession of Flat No.2 which was admeasuring 417 sq. ft. Redevelopment agreement was executed between Respondent No.1 Developer and Respondent No.2 Society, which was registered on 14/10/2010. In the said agreement, Developer had agreed to give 25% additional carpet area free of cost to each existing member.