Supreme Court · 2010 INSC 563 · Decided 31 August 2010
Nahalchand Laloochand PVT. LTD. v. Panchali Co-Operative Housing Society LTD.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 563 · [2010] 10 S.C.R. 804
- Case number
- CIVIL APPEAL No. 2544/2010
- Decided
- 31 August 2010
- Bench
- RAJENDRA MAL LODHA, A.K. PATNAIK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act
Headnote
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) C Act, 1963: s. 2(a-1) - Stilt parking space - Rights of promoter viv­ a-vis housing society - Held: Stilt parking space is neither covered by term 'flat' nor 'garage' but is a part - MOFA restricts the rights of promoter in the block or building constructed for flats or to be constructed for flats to which the Act applies - Promoter has no right to sell any portion of such building which is not 'flat' within the meaning of s. 2(a-1) nor has he the right to sell stilt
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