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2022 Supreme(Telangana) 321

P. NAVEEN RAO, SAMBASIVARAO NAIDU
Kamadhenu Enterprises – Appellant
Versus
Zara Ahmad, w/o. Zaki Ahmed – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Sri Nikunj Dugar
For the Respondents: Sri Damodar Mundra

JUDGMENT :

P.NAVEEN RAO, J.

Heard Sri Nikunj Dugar learned counsel for the appellant and Sri Damodar Mundra learned counsel for the respondents 2 to 4.

2. The brief facts of the appeal are that the appellant is a registered partnership firm under the provisions of the Indian Partnership Act, 1932. The appellant is the owner and possessor of the property being Plot Nos.1 to 4 and 13 to 16 in Sy.Nos.322, 323 and 326 of Quthbullapur village and Mandal, Medchal-Malkajgiri district, admeasuring 4444.44 square yards. The respondents are carrying business of real estate and development of immovable properties. The appellant initially entered into registered Development Agreement-cum-General Power of Attorney vide document no.1435/2014 dated 08.09.2014 registered at Sub-Registrar at Balanagar. In terms thereof, the respondents 1 to 3 were authorized to carryon the development of the above property. Agreement envisaged 43% of the built-up and saleable area on all the floors including the stilt/cellar together with all the general amenities, facilities etc. to the appellant and 57% to the developer. The agreement also envisaged completion of the project within 27 months with a grace period of 3

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