Appeal No.15 of 2022
The Tamil Nadu Real Estate Appellate Tribunal, Chennai, issued its order in Appeal No.15 of 2022 on 19 September 2022, disposing of the appeal between M/s. Jain Housing and Construction Limited and K.S. Nethranandam according to their compromise agreement dated 9 September 2022. The Tribunal recorded the settlement, made the compromise agreement part of its order, closed any connected miscellaneous applications and made no order as to costs.
What the case concerned
Appeal No.15 of 2022 arose from a joint venture agreement between M/s. Jain Housing and Construction Limited and K.S. Nethranandam for a land development project. A dispute developed over the allocation of shares under the agreement.
K.S. Nethranandam filed Complaint No.138 of 2021 before TNRERA. The complaint requested completion of Block No.4 and delivery of nine flats with all amenities, or alternatively the allotment of nine flats in Block No.1. It also sought a declaration that clause 8 of the revised allocation agreement dated 30 September 2016 was invalid, as well as compensation for delay.
What happened before the appeal
TNRERA allowed Complaint No.138 of 2021 through an order dated 30 December 2021. TNRERA also gave the complainant liberty to file a separate complaint seeking compensation for delayed construction.
M/s. Jain Housing and Construction Limited challenged that decision before the Tamil Nadu Real Estate Appellate Tribunal, Chennai. The appeal was taken on file on 25 March 2022 and came up for final hearing on 19 September 2022.
Tribunal decision
The Tamil Nadu Real Estate Appellate Tribunal, Chennai recorded that the parties had settled their dispute amicably while the appeal was pending. Key outcomes were:
- The joint compromise agreement and joint memo were filed with the Tribunal.
- The Tribunal accepted and recorded the compromise.
- Appeal No.15 of 2022 was disposed of according to the compromise agreement dated 9 September 2022.
- The compromise agreement forms part of the Tribunal's order.
- No costs were awarded.
- Any pending connected miscellaneous applications were closed.
Registration communication
M/s. Jain Housing and Construction Limited informed the Tribunal that TNRERA had separately communicated with the concerned Sub Registrar, directing that sale deeds for the project should not be registered. The Tribunal stated that it was not aware of that communication.
The Tamil Nadu Real Estate Appellate Tribunal, Chennai did not itself cancel or withdraw the communication. Because the dispute had been settled, it allowed the appellant to approach TNRERA by filing a memo requesting withdrawal of the communication.
Who may be affected
Appeal No.15 of 2022 directly concerns the two parties, their joint venture project and the agreed settlement. Anyone dealing with registration of a sale deed in that project may need to check whether TNRERA's communication to the concerned Sub Registrar was later withdrawn.
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Common questions
Did the Tribunal decide which party was right in the underlying dispute?
The Tamil Nadu Real Estate Appellate Tribunal, Chennai disposed of the appeal according to the parties' compromise agreement rather than recording a separate decision on the disputed claims.
Did the Tribunal withdraw the direction preventing registration of sale deeds?
No. The Tribunal allowed M/s. Jain Housing and Construction Limited to file a memo before TNRERA requesting withdrawal of the separate communication sent to the concerned Sub Registrar.
Does the compromise agreement have legal relevance to the disposal of the appeal?
Yes. The compromise agreement dated 9 September 2022 forms part of the Tribunal's order, and the appeal was disposed of according to that agreement.
Did the Tribunal award costs to either party?
No. The Tamil Nadu Real Estate Appellate Tribunal, Chennai made no order as to costs and closed any pending connected miscellaneous applications.
