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MADHAV J. JAMDAR
Harshwardhan Shrikrishna Dole – Appellant
Versus
Goldminar Developers Pvt. Ltd – Respondent
JUDGMENT/ORDER
1. The Petitioner who is original plaintiff by way of the present writ petition filed under Article 227 of the Constitution of India has challenged legality and validity of order dtd. 16/11/2018 passed by learned 3rd Joint Civil Judge, Senior Division, Thane below Exh.23 in R.C.S. No.522 of 2018. The said application bearing Exh.23 was filed by Respondent No.4 i.e. Defendant No.4 seeking prayer that inquiry be conducted under sec. 8 of the Maharashtra Court Fees Act (Act No. XXXVI of 1959) (hereinafter referred to as "the said Act") regarding the valuation of the suit as to the reliefs claimed and the Court fees paid and plaintiff be directed to value the suit correctly and properly and also be directed to pay deficit Court fees as may be ascertained after such inquiry. By the impugned order dtd. 16/11/2018 the said application of Respondent No.4 at Exh.23 was allowed and the petitioner was directed to pay the requisite Court fee as per the prayer clause of the avoidance of agreement as prayed, within two months from the date of the order.
2. It is the contention of the petitioner that the petitioner is a flat purchaser and he has filed suit for enforcement of statutor
The main legal principle established in the judgment is the distinction between the court fee payable for a suit for declaration of sale deed by a Plaintiff who is a party to the sale deed and a Plai....
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
The main legal point established in the judgment is the obligation of the Promoter under MOFA to transfer rights, title, and interest in the property to the Co-operative Society, as explicitly stated....
The court established that an agreement recognizing tenants as owners of flats, coupled with the receipt of consideration for those flats, qualifies the landlord as a promoter under the Maharashtra O....
The court affirmed that deemed conveyance under MOFA can apply to composite societies, despite differing member agreements, emphasizing equitable treatment and the necessity of proper procedural comp....
Disputes over excess area or title in deemed conveyance orders under MOFA Section 11(3) are for civil courts, not writ jurisdiction; promoters cannot retain land via private clauses against statutory....
Landowner granting limited FSI/TDR rights to independent developer, reserving balance acknowledged by purchasers, not 'promoter' under MOFA; cannot be injuncted from using reserved rights; bare injun....
The suit agreement did not create an enforceable right in favor of the plaintiffs under the Maharashtra Ownership Flats Act, and the defendants were not promoters within the meaning of the Act.
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