A recent landmark judgement by SC

By Adv. Vinod Sampat 


 CIVIL APPEAL NO. 2544 OF 2010  

Nahalchand Laloochand Pvt. Ltd. …………..    Appellant 


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4 thoughts on “A recent landmark judgement by SC

  1. Sir,
    I am staying in vasai , there are 33 shops & 72 flats in that society. I am having shop on main road, society has passed resolution in AGM that wall to be built in front of shop & and 2 gate to be fixed so that out side vehicle should not come, Sir Please guide me how can they build wall in front of shop it will effect my business. please guide me

  2. where to challenge the Deputy District Registrar of Co-operative Societies order under mofa, one he has rejeced for formation of housing society under mofa.

  3. I have 2 queries, arising out of the above judgment: (1) I have purchased a flat in 2003 and my builder has taken money for an open parking space allottted for my use. Can I claim a refund of the same based on this case law? (In other words, does this case law apply retrospectively?) (2) If, going by the above judgement, a promoter is NOT entitled to sell parking spaces (whether open or covered), can any flat owner park his/her vehicles anywhere in the premises of the society, without paying any heed to other owner’s “right of use”? For instance, can I now start parking my car in a stilt/covered parking which I know has been sold (illegally, it now appears) by the builder to my neighbour?

  4. As per above judgement clubhouse falls under common areas and facilities and for society members common usage. Can the builder/promoter claim legal right to sell any part/portion of clubhouse for permanent occupation to any individual or company ?? Is there any other judgements relating to change of user of clubhouse in society??

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