Defendant no 1 in the instant case along with Defendant no 3, developer engaged into an joint development agreement.
But later plaintiff file a case in trial court objecting that he is also one of the several owner of the property which was not taken into consideration by the parties on that agreement.
Defendant no 1 also disputed petitioner’s claim as a co-sharer of this property as son of deceased owner of the disputed property.
Hon’ble High Court observed that – “The first defendant disputed the relationship between the plaintiffs and the said Janardhan Reddy and contend that they are not family members of said Janardhan Reddy. It is also contended that one J. Gowtham was son of said Janardhan Reddy and he died issueless. The Trial Court having considered the material on record, particularly, considering the Aadhaar Card as well as the School Leaving Certificates of plaintiffs, in Para No.12 comes to the conclusion that documents submitted by petitioner such as School Leaving Certificate and Aadhaar Card establishes that late Janardhan Reddy is the father of them and having considered the case prima facie, granted the relief permitting the defendants to alienate their 65% of share in the apartment as per the registered JDA dated 31.08.2021 to the intending purchasers and exparte order of temporary injunction passed on I.A.No. I was modified to that extent. The Trial Court also temporarily restrained the defendant Nos.1 to 3 from alienating 35% of the share of the first defendant in the apartment as per the registered JDA to any third person till final disposal of the suit, having considered the share of 65% and 35% between the developers as well as the first defendant.”
Trial court not change the ratio of Entitlement after finishing of construction of the appartment between the plaintiff and defendant.
Aggrieved by such order plaintiff has filled the instant case. plaintiff and defendant both files different appeal against the trial Court order, j Goutham is another Co-Sharer who don’t have any legal heir.
In disposing the appeal filed by the plaintiff Hon’ble High Court decided that respondent no 3 the developer can only sale his share after completion of the construction.
But defendant no 1 land owner will not be able to sale or allianate his property until disposal of suit filed by the plaintiff for partion and specific performance.
Developer agreed to reduce his share to 60% from 65% in written statement which was filed in trial court also stated that he has no objection in inclusion of plaintiff in such joint development agreement.
High Court also granting the ratio of share proposed by developer in his written statement.
Pronounced By Hon’ble Justice: H.P.SANDESH