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Supreme Court of India 2019-05-08 partly_allowed

Sant Lal Gupta & Ors vs Umesh Kumar Jain & Ors

Bench: 2 — Uday Umesh Lalit

In Brief

A Supreme Court contempt petition sought to enforce possession of 12 apartments vacated by newly inducted cooperative housing society members in violation of a Court order directing their vacation. Although the alleged contemnors had violated the Court's order, the Court recognised that they had been inducted as members in good faith, paid all contributions, and occupied the flats for years. Rather than impose pure contempt sanctions, the Court directed a balanced solution: the contemnors must vacate by 31 August 2019 to allow the entitled members possession, but the contemnors may acquire apartments in a newly constructed building by depositing Rs. 10 lakhs and complying with further conditions. The Society was directed to seek permissions to construct 18 new apartments, accommodating all stakeholders equitably."

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Contempt of Court Housing Societies Cooperative Housing Real Property Equity and Justice

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