JUDGMENT :

This Miscellaneous Second Appeal has been filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 read with Section 100 of the Code of Civil Procedure, 1908 ('the Act’ hereinafter for convenience). The appellants herein are the respondents in complaint No.235/2022 on the files of the Kerala Real Estate Regulatory Authority, Thiruvananthapuram and the appellants in REFA No.1/2023 on the files of the Kerala Real Estate Appellate Tribunal, Ernakulam. The appellants impugn order in complaint No.235/2022 dated 15.12.2022 and the order of the Kerala Real Estate Appellate Tribunal in REFA No.1/2023 dated 15.09.2023. The respondent is the petitioner before the Regulatory Authority.

2. Heard the learned counsel for the appellants as well as the respondent in detail and the following substantial questions of law have been raised for consideration:

(i) Whether the landowner, who executed an agreement to effect constructions in his property along with the property of the builder with covenant to share the built up area is an “allottee” as defined in Section 2(d) of the Act?

(ii) Whether the landowner who executed an agreement with the builder to construct bu