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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.Vijaysen Reddy
Akashdeep Kaur Sethi – Appellant
Versus
Sai Constructions – Respondent
JUDGMENT :
B. Vijaysen Reddy, J.
1.1. The applicant and her two sisters Mrs. Sukhdeep Kaur Mehta and Mrs. Gagandeep Kaur Anand are joint owners of the property bearing Municipal House No.8-2-699/1 (Old) and 8-2-699/1/A (New) consisting of Ground and First Floor, admeasuring 554 square yards, forming part of Survey No.346 situated at Bhola Nagar, Road No.12, Jubilee Hills (presently Banjara Hills) Hyderabad (hereinafter referred to as ‘schedule property’).
1.2. The applicant along with her two sisters has entered into a registered Development Agreement cum General Power of Attorney bearing document No.3778 of 2014 dated 01.10.2014 (DAGPA) with the respondent for construction of a commercial complex in the schedule property.
1.3. As per the terms and conditions of the DAGPA, it was agreed that the parties will share built up area in the ratio of 35% : 65% i.e., 35% to the owners and 65% to the developer. Grievance of the applicant is that the respondent obtained permission for construction of a building on the schedule property vide Permit No.53569/HO/C2/CIR-10/2016 dated 14.08.2019 from the Greater Hyderabad Municipal Corporation, Hyderabad, (GHMC) for construction of two cellars for pa
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