Case law, Tamil Nadu land law
M.A. No. 92 of 2023 in Appeal (SR) No. 339 of 2023, Order dated 08.11.2023
The Tamil Nadu Real Estate Appellate Tribunal issued the order in M.A. No. 92 of 2023 in Appeal (SR) No. 339 of 2023 on 8 November 2023, recording a compromise between M/s. Grace Gated Community LLP, M/s. Casa Grande Civil Engineering Private Limited, Revathi S and P. Manjunath. The order settles the parties' payment and property claims, cancels the agreements concerning apartment D401 and its 354 square feet undivided share of land, disposes of the delay application and closes the appeal.
What the tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal recorded the Joint Memorandum of Compromise dated 2 November 2023 and made its terms part of the order in M.A. No. 92 of 2023. The application, which sought condonation of a 295 day delay in filing the appeal, was disposed of, and Appeal (SR) No. 339 of 2023 was closed.
The appeal had sought to set aside the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority's order dated 10 December 2021 in CCP No. 150 of 2020.
Who and what are affected
The compromise applies to:
- M/s. Grace Gated Community LLP.
- M/s. Casa Grande Civil Engineering Private Limited.
- Revathi S and P. Manjunath.
- Apartment D401 in the Casa Grand Smart Town project at Thalambur village.
- The related 354 square feet undivided share of land.
The dispute arose after the respondents withdrew from the project and sought a refund. The document resolves the claims between these named parties rather than changing requirements for other projects or properties.
Financial settlement
The appellants had deposited Rs.38,85,502 before the Tribunal under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. The compromise provides that:
- Rs.36,00,000 is to be paid to Revathi S and P. Manjunath as full and final settlement.
- Rs.2,85,502 is to be refunded to the appellants.
- Each side is entitled to its proportionate accrued interest on the deposited amount.
- All issues, claims and disputes between the parties are settled.
Effect on the apartment and land agreements
The incorporated compromise cancels the construction agreement dated 19 June 2018, the allotment of apartment D401 and the agreement for sale of the 354 square feet undivided share of land. It states that no further document or registration is required to give effect to the cancellation, although the respondents must cooperate if any further act or deed is required.
The appellants may sell the undivided share and allot apartment D401 to another party. The respondents retain no claim over them. Execution proceedings in EP No. 15 of 2022 are also treated as settled, and the respondents agreed not to pursue them further.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this decision cancel the booking of apartment D401?
Yes. The compromise incorporated into the Tribunal's order cancels the allotment of apartment D401, the construction agreement and the agreement for sale of the related 354 square feet undivided share of land.
How will the money deposited with the Tribunal be divided?
Out of Rs.38,85,502, Revathi S and P. Manjunath are to receive Rs.36,00,000, while Rs.2,85,502 is to be refunded to the appellants. Both sides are also entitled to proportionate accrued interest.
Can the developers sell apartment D401 and the undivided share again?
Yes. The compromise states that the appellants may sell the 354 square feet undivided share of land and allot apartment D401 to another party, without further consent or documents from the respondents.
Did the Tribunal continue with the appeal after the settlement?
No. M.A. No. 92 of 2023 was disposed of according to the compromise, and Appeal (SR) No. 339 of 2023 was closed.
