Section 6 Specific Relief Act suits are summary for possession restoration only; composite suits with injunction, compensation, or title/payment disputes between developer and purchaser exceed scope and are not maintainable.

JUDGMENT :

SANDEEP V. MARNE, J.

1) Whether a developer can file a Suit under Section 6 of the Specific Relief Act, 1963 (Specific Relief Act) for recovery of possession of flat sold to a purchaser on the ground that full consideration therefor is not paid and the possession thereof is illegally obtained? Is the summary remedy under of the Specific Relief Act intended for resolution of disputes between developer and flat purchaser relating to the purchase transaction and whether decree for restoration of possession under can be passed against a flat purchaser, who has failed to pay full amount of consideration? These are the broad issues that arise for consideration in the instant Revision Application filed by the flat purchaser, who faces decree for restoration of possession of flat to the developer.

2) The issues arise in the light of challenge mounted by the Applicant to the judgment and decree dated 14 March 2022 passed by the Joint Civil Judge, Senior Division, Pune decreeing the suit filed by the Plaintiff-Respondent under Section 6 of the Specific Relief Act, 1963 and directing Applicant-Defendant to restore possession of the suit property to the Plaintiff with further directions to pay the amount of compensation of Rs. 84,000/- per year from the date of dispossession till restoration of the possession. Aggrieved by the decree, the Applicant has filed the present Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (Code).

3) Respondent is a developer, who undertook construction of a building on land bearing Survey No.16/1/150 + 151 at Village-Katraj, Taluka-Haveli, District-Pune in pursuance of acquisition of development rights from the land owners. Applicant agreed to purchase flat No.4 in the building and accordingly, registered agreement for sale dated 25 August 2004 was executed between the Applicant and Respondent for purchase of flat no.4 on the first floor of the building - Manasi Apartment admeasuring 500 sq.ft. plus adjoining terrace of 40 sq.ft. for total consideration of Rs.3,55,000/- excluding expenses for stamp duty, registration and electric connection. The amount payable towards electricity connection was fixed at Rs.20,000/-. During currency of construction of the building, Applicant claims to have paid various amounts to the Respondent. It appears that the Applicant availed loan from ICICI Bank for purchase of the flat and Respondent had granted NOC for creation of mortgage on the flat. Applicant claims that he had paid total amount of Rs. 4,23,000/- to the Respondent. However, there appears to be dispute between the parties about exact amount of consideration paid to the Respondent. It appears that on 10 December 2004, Respondent wrote to the Applicant communicating completion of construction of the building, issuance of Occupancy Certificate (OC) by Pune Municipal Corporation and fixation of electric meter and calling upon the Applicant to take possession of the flat. The letter also intimated that the amount of Rs. 36,000/- plus amount of Rs. 10,000/- for extra work was due and payable by the Applicant. On the contrary, it is