SHITAL CO-OP HSG SOCIETY Vs. RATHOD BUILDERS

JUDGEMENT

(1.) COMPLAINT is filed by Shital Co -operative Housing Society.

(2.) CONSIDERING the rival contentions of the parties, considering the record and keeping in view the scope of the complaint following points arise for our consideration and our finding are noted against them for the reasons given below;

(3.) IT is contended by advocate of opposite party that opposite party is ready to execute conveyance in respect of area left after executing the conveyance in favour of corporation. Advocate for the complainant submitted that the compensation obtained by opposite party while conveying the same area in favour for the corporation to be given to the complainant. The advocate for opposite party has contended that the said conveyance was executed in favour of Municipal Corporation of Grater Mumbai free of costs. The copy of the said conveyance is on record as exhibit 'D'. From the said document it is clear that the conveyance was executed free of costs. It is mentioned in the said conveyance deed that "out of the said property particularly described in the first schedule, here under written portion there of admeasuring 38.9 sq.mtr and more particularly described in the sanctioned plan of "K" ward for 40 feet and 60 feet vide development plan road." The Ld.advocate of opposite party has submitted that in view of the said conveyance in favour of the corporation, the opposite party can not execute the conveyance in favour of complainant, qua the area which is conveyed in favour of the corporation. The opposite party is ready to convey the remaining proprerty in favour of the complainant.