Transfer of land&building to society
Querist :
Anonymous
(Querist) 13 September 2023
This query is : Resolved
I have filed WRIT petition for perjury in bombay high court in person against a builder on 30/7/2023
Builder Mr Kishor chheda has submitted a Indenture of assignment signed by him in the year 2005 to Bombay municipality requesting to transfer land & building to society but till date L&B has not been transfered to society
to the indenture of assignment a builder has put THIRD SCHEDULE in indenture which reads as
THE THIRD SCHEDULE ABOVE REFFERED TO
COMMON AREA
1- Entrance with lobby on stilt/ground floor
2- staircases with landings from stilt to ground floor up to the 11th floor
3-lobbies of stilt/ground floors onwards up to 6th floors
4-compound open to sky but excluding open parking place
RESTRCTED COMMON AREA
1-Staircases from stilt/ground floor towards basement would be exclusively used by owners /occupants of basement floors premises
2-Lobbies of 7th 8th 9th 10th 11th floors would be exclusively used by owners /occupants of respective premises
3-Staircase with landings from from 9th floor owners up to top terrace floors level would be exclusively used by owners /occupants of 10th 11th and terrace floor premises
4-Exclusive rights in respect of the terrace on 11th floor level and 12th floor level have been allotted /given to the purchaser/allottee of flat no 1101 and 1005 in the same building respectively
5-Exclusive rights in respect of entire basement floor have been allotted /given to Mr kishor Chheda purchaser /allotee of flat no 1004
6- out of the three lifts one lift shown on the floor plan annexed hereto with blue color wash thereon is exclusively reserved and used by Mr Kishor chheda and his family member’s the owners and occupants of 10th and 11th floor and their successor associates and all expenses of lift will be born by 10th and 11th floors ie Mr Kishor Chheda
The Bombay municipality has not taken on record this indenture as per the letter received under RTI Act but the builder has made a false statement in the lower court that he has transfered L&B to society
I have stated in the court that as per the THIRD VSCHEDULE builder has sold illigalli land /staircase lobbies etc to the members of the 7th to 12 th floors who are his relatives and business friends so BMC kas not taken this indenture on their record and hence my contention is that builder has commited a perjury in laower court
Please advise me the exact meaning of the THIRD SCHEDULE AS ABOVE
T. Kalaiselvan, Advocate
(Expert) 14 September 2023
Without knowing what case you have filed and what are the contents of the petition or without perusing the case related papers, no opinion can be rendered.
Querist :
Anonymous
(Querist) 15 September 2023
it is a WRIT petition for perjury
Synopsis
Case in brief: It is a case where the Respondent No.2 in their evidence had knowingly made false statements on Oath (That the subject Land is Conveyed in favour of the Society); and Respondent No.1 being the Director of Respondent No.2, and has adopted written statement filed by Respondent No.2; and that the false statements were made on such points which were material to the issues before the Hon’ble Forum; and thus Respondent No.1 has committed the offence u/ss 192, 193 and 196 of IPC, 1860. In fact it is a case of aggravated offence, wherein, in the Perjury proceedings preferred before Consumer Forum, Respondent No.1 perpetuating and carrying on the falsehood before Consumer Courts. The Hon’ble Bombay High Court have both Original Jurisdiction u/ss 195(1) and 195(4) CrPC, 1973; and have Supervisory / Appellate Jurisdiction under Article 227 of the Constitution of India, to entertain the present Perjury Petition.
