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2007 Supreme(Del) 198

MUKUNDAKAM SHARMA, HIMA KOHLI
Kusum Lata Gupta – Appellant
Versus
Registrar Co-operative Societies – Respondent


Advocates Appeared:
Ms. Mala Goel, Nemo, Navin Kumar, Ashis Aggarwal with Gurukamal, Sanjay Goyal, S. K. Agarwal, Sanjay Poddar, D. K. Rustogi, for Petitioners; M. P. Siddiqui, Ms. Sangeeta Chandra, Adv. for DDA, V. K. Tandon Advocate for RCS and Govt. of NCT of Delhi Ms. Savita Rustagi, V. K. Tandon Advocate, For RCS, Vipul Srivastava, Ms. Zubeda Begum, Advocate, for RCS Satya Mitra Garg, Rakesh Munjal, Sr. Counsel, with Ms. Shazia, Naresh K. Sharma, D. P. Singh for Sunil Bagai, Rajendra Dutt, P. S. Mahendru, Amiet Andely, Ms. P. Batra Singh, Anju Bhattacharya with Rajiv Dewan for Respondents.

Judgement

Dr. MUKUNDAKAM SHARMA, C. J. :- These writ petitions are similar in nature and they involve identical questions of law and facts and, therefore, they disposed of by this common judgment and order.

2. The principal issue which arises for consideration in these writ petitions is whether or not the respondent societies could charge any gate money/entry fee/development fund /transfer fee/ common good fund from the bona fide purchasers, who had purchased the flats from the original members of the society. Almost all the respondent societies concerned have charged from the petitioners herein, who are purchasers of flats from the original members of the society, charges of the aforesaid nature of various amounts ranging upto about a lac of rupees, from each of the purchasers of the flats so as to make them members of the society.

3. The petitioners herein have purchased flats on execution of relevant documents/ conveyance deeds from the original members of the respondent societies. Their contention is that they had purchased the aforesaid flats as bona fide purchasers on payment of consideration/amount and upon execution of relevant documents/ conveyance deeds as required. Their fu

























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