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Supreme Court of India 2019-05-08

SANT LAL GUPTA vs UMESH KUMAR JAIN

Bench: 2 — Uday Umesh Lalit, Sanjay Kishan Kaul

In Brief

Sant Lal Gupta and 14 other members had been wrongfully expelled from a cooperative housing society in 1987. After decades of litigation, the Supreme Court in 2010 directed they be allotted unallotted apartments. However, new members (alleged contemnors) had been inducted and occupied those flats. When those new members failed to vacate despite undertakings, the Court found them in contempt but crafted an equitable solution: they must vacate by August 2019, but can rejoin the society and acquire apartments in a new 18-apartment building by depositing Rs. 10 lakhs each. This balances the rights of all parties—the original members get their due apartments, the new members retain membership and future homes, and the society can generate revenue for construction.

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Contempt of Court Cooperative Housing Societies Property/Real Estate Right to Information Equitable Relief Civil Procedure

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