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Supreme Court of India 2025-04-01

M/S FAIME MAKERS PVT. LTD vs DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES (3),

Bench: 2 — Vikram Nath, Prasanna B. Varale

In Brief

M/S Faime Makers owned land on which an unauthorized residential building was constructed by developers and sold to residents who formed a co-operative housing society. The society sought unilateral assignment of leasehold rights under the Maharashtra Flats Act. The Competent Authority dismissed the first application, directing the society to first resolve legal complications in Civil Court, then reapply. The society ignored this and filed a second application, which was granted. The Supreme Court held that res judicata principles bind quasi-judicial authorities. The conditional liberty granted was binding; the second application was not maintainable without prior compliance. The Court allowed the appeal, quashing the second order and remitting the matter subject to prior resolution of complications.</summary_100> </invoke>

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Property Law Co-operative Housing Quasi-judicial Authorities Res Judicata Statutory Interpretation Real Estate Regulation

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