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SUDESH BANSAL
Trehan Apna Ghar Buildwell Private Limited – Appellant
Versus
Munish Ranjan Sahay – Respondent
ORDER
1. Both these appeals have been filed under the provision of Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred as "RERA Act"). The registry has registered both appeals as second appeals and Court fees of Rs.1000/- in both appeals paid by appellants has been reported as sufficient.
2. Since Section 58 of the RERA Act, 2016 do not specifically provide the nature of appeal as to second appeal and further under the provision of RERA Act and Rajasthan Real Estate (Reulation and Development) Rules, 2017 (hereinafter referred as "the RERA Rules, 2017"), there is no provision for making valuation of dispute and for quantum of Court fees payable on appeal filed under Section 58 of the RERA Act, hence, two issues fall for consideration by this Court :-
"(1) The appeal filed under Section 58 of the RERA Act, 2016 be registered under which category of appeals before the High Court of Judicature for Rajasthan.
(2) How much Court fees is payable on appeal filed under Section 58 of the RERA Act, 2016 before the High Court?"
3. In order to adjudicate the issue No.l regarding registration of category/ nature of appeal, it is necessary to look into the provi
Appeals under Section 58 of the RERA Act can only be entertained on the grounds specified under Section 100 of the Code of Civil Procedure, involving substantial questions of law. The applicable cour....
An appeal under Section 58 of the R.E.R.A. is not a second appeal as contemplated by Section 100 C.P.C., and the order of the Appellate Tribunal is not a decree. Therefore, it does not require ad-val....
The Real Estate (Regulation and Development) Act, 2016 protects home buyers from delays in possession, allowing for compensation through interest, as determined by the Adjudicating Officer under the ....
The jurisdiction for appeals under the RERA Act is determined by the location of the real estate project, necessitating that such appeals be filed in the High Court of the State where the project is ....
The Real Estate (Regulation and Development) Act mandates granting interest for delays in possession, encompassing circumstances including force majeure, without necessitating rigorous inquiry from t....
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