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Supreme Court of India 2025-04-21 dismissed

ARUNKUMAR H SHAH HUF vs AVON ARCADE PREMISES CO-OPERATIVE SOCIETY

Bench: 2 — Abhay S Oka, Ujjal Bhuyan

In Brief

The Supreme Court dismissed an appeal against a High Court order upholding a competent authority's grant of deemed conveyance under the Maharashtra Ownership Flats Act, 1963. A cooperative society of flat purchasers sought ownership of land held by a developer. The appellant, a co-owner under an earlier deed of dissolution, claimed interests in part of the land as a perpetual lessee. The Court held that writ courts should not interfere with deemed conveyance orders unless manifestly illegal. Although competent authorities exercise quasi-judicial powers, their proceedings are summary and cannot finally decide title disputes; civil suits remain available. The order was proper as it granted deemed conveyance while protecting the appellant's perpetual leasehold rights, preserving substantial justice to all parties.

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Real Estate Law Housing Law Cooperative Societies Flat Purchase Agreements Property Rights Landlord-Tenant Law Administrative Law Statutory Interpretation Writ Jurisdiction Civil Procedure

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