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1992 Supreme(Bom) 92

K.SUKUMARAN, S.P.KURDUKAR
State of Maharashtra and others – Appellant
Versus
Mahavir Lalchand Rathod and another – Respondent


JUDGMENT - S.P. KURDUKAR, J.:---This batch of three appeals and several other connected writ petitions were heard together since they raise common questions of law under section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and the Maharashtra Apartment Ownership Act, 1970, and in particular liability to pay stamp duty under Entry 25 of Schedule I of the Bombay Stamp Act, 1958. Appeals Nos. 395 of 1991, 396 of 1991 and 551 of 1991 are filed by the State of Maharashtra and other impugning the interim order passed by the learned Single Judge in the respective writ petitions. All these writ petitions are admitted. Mr. Bhandari, learned Counsel appearing for the respondents-writ petitioners, took strong exception to the maintainability of these appeals. We will deal with this argument little later after we set out the necessary facts.

2. At the outset it may be stated that in all these writ petitions the agreements for sale were entered into between the Builders-Developers and the Purchasers of the flats. All these agreements for sale which were executed in terms of section 4 of the Maharashtra Ownership Flats





















































































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