IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
R. SUBHASH REDDY & A. SHANKAR NARAYANA, JJ.
M/s. Aliens Developers Private Limited, Rep. by its Managing Director - Petitioner
Versus
M. Janardhan Reddy & Others - Respondents
Civil Revision Petition No. 782 of 2015
Decided on : 31-08-2015
Constitution of India, Article 227 – Section 151 – Section 31(2) –Arbitration Companies Act of 1956 –Civil revision – Plaintiffs are the owners of land admeasuring Ac.2-32gts situated District. Petitioner is a Company registered under the Companies Act of 1956 and is engaged in the business of constructing multi-storied apartments by entering into development agreements with the owners of land. Respondent-plaintiffs along with 9 others, have executed Development Agreement-cum-Irrevocable Power of Attorney in favour of petitioner vide document registered in the office of Sub-Registrar, As per the terms of the development agreement, the petitioner shall construct the proposed residential and commercial complex at his own costs and expenses within a period of from the date of agreement, which period shall include the time to be spent on obtaining approvals from Hyderabad Urban Development Authority (HUDA) and other authorities. If the construction is delayed, there is a provision for grant of grace period subject to condition to pay damages to the respondent-owners of the land at the rate of Rs.5/- per square feet per month for the delayed period in respect of the area that is not completed and delivered to the owners –Held, it is not in dispute that the Development Agreement-cum-Irrevocable Power of Attorney is a registered one and once an agreement for development is entered between the parties and is registered, it becomes a public document. Any person can apply for such a document to know the rights of the parties. In this case, it is to be noticed that there is a specific Clause in the agreement for completion of project and parties have agreed that the agreement stands cancelled if the constructions are not completed within 36 months from the date of agreement or within the grace period as mentioned in the said agreement. If the matter is referred for arbitration as per the terms of the agreement, the power of the Arbitrator will be confined to adjudicate the dispute between the parties, namely – whether the agreement stands cancelled or not having regard to the fact that the petitioner has not completed the project within the time frame as mentioned in the agreement, but, at the same time Arbitrator cannot exercise Statutory power conferred Specific Relief Act, Legislature conferred the power on Courts to send a copy of the cancellation decree to the officer in whose office the instrument has been so registered and such officer shall note on the copy of the instrument contained in his books fact of its cancellation. It is evident from the provision that the power of nullifying the effect of registration is conferred only on the Court. In the judgment in Booz Allen’s case Supreme Court has held that a right in is a right exercisable against the world at large, as contrasted from a right in which is an interest protected solely against specific individuals and actions the title to property and the rights of the parties, not merely among themselves but also against all persons at any time claiming an interest in that property – Civil revision petition is accordingly dismissed.
1. This civil revision petition is filed under Article 227 of the Constitution of India, by defendant No.1 in the suit in O.S.No.90 of 2014 on the file of learned V-Additional District Judge, Medak at Sanga Reddy, aggrieved by order dated 19.01.2015, passed in I.A.No.1189 of 2014. By the aforesaid order, the petition filed by the petitioner herein under Section 8 of the Arbitration and Conciliation Act, 1996, read with Section 151 of C.P.C., is dismissed. Necessary facts in brief are as under :
2. Respondent-plaintiffs are the owners of land admeasuring Ac.2-32 gts. in Sy.No.385, situated at Tellapur village of Ramchandrapur Mandal in Medak District. Petitioner is a Company registered under the Companies Act of 1956 and is engaged in the business of constructing multi-storied apartments by entering into development agreements with the owners of land. Respondent-plaintiffs along with 9 others, have executed Development Agreement-cum-Irrevocable Power of Attorney in favour of petitioner vide document No.13321/2007, dated 23.06.2007, registered in the office of Sub-Registrar, Sangareddy. As per the terms of the development agreement, the petitioner shall construct the proposed residential and commercial complex at his own costs and expenses within a period of 36 months from the date of agreement, which period shall include the time to be spent on obtaining approvals from Hyderabad Urban Development Authority (HUDA) and other authorities. If the construction is delayed, there is a provision for grant of grace period subject to condition to pay damages to the respondent-owners of the land at the rate of Rs.5/- per square feet per month for the delayed period in respect of the area that is not completed and delivered to the owners. However, such delay also shall not exceed one year. Further, it is stated in the agreement that in case construction is not completed even within the extended period, the agreement stands cancelled. As per Clause 47 of the development agreement, any dispute arising between the parties shall be settled through arbitration and the same shall be governed by the provisions of the Arbitration and Conciliation Act, 1996.
3. The respondent-plaintiffs, who have entered into development agreement to the extent of Ac.2-32 gts. along with other owners, have filed the suit in O.S.No.90 of 2014, seeking cancellation of the part of the Development Agreement-cum-Irrevocable Power of Attorney to the extent of their share of land of Ac.2-32 gts. situated at Tellapur village of Ramachandrapuram Mandal and to deliver actual and physical possession of said property to the plaintiffs and for grant of permanent injunction restraining the defendants, their agents and servants from alienating the suit schedule property. Mainly, it is the case of respondent-plaintiffs that as much as the constructions were not completed within the time frame stipulated in the Development Agreement-cum-Irrevocable Power of Attorney and even within the extended period, the agreement stands cancelled.
4. In the aforesaid suit, the petitioner-defendant has filed I.A.No.1189 of 2014 under Section 8 of the Arbitration and Conciliation Act, 1996, read with Section 151 C.P.C., seeking reference of the subject matter of suit for adjudication by the Arbitral Tribunal in terms of the Development Agreement-cum-Irrevocable Power of Attorney document No.13321/2007, dated 23.06.2007. In the affidavit filed in support of the said interlocutory application, it is the case of petitioner-defendant that the respondents along with others, 9 in total, have entered into Development Agreement-cum-Irrevocable Power of Attorney on 23.06.2007, registered as document No.13321/2007, and the parties to the said agreement belong to five families and the respondents, who belong to one family, are added as parties 10 to 12. Except the family of respondents, all other four families have entered into supplementary agreement and the entire land is being used as a common pool f
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