Dear Indian Advocates,
I'm seeking a solution for a problem, please help me out.
I fought a court case with the co-operative housing society and I won on merit.
The society was told to provide 90 sq.feet of area towards my other flat in the same society. The flat which got the lesser area for which i won in court of law (90 sq.feet) was allotted to me by my society but presently it is not on my name nor the building in which the flat is situated is having an occupational certificate till now as mentioned in the decree also nor the flat bill that the society issues comes on my name (it is blank). The decree also states that "the 90 sq.feet area cannot be compensated in terms of money".
The society has not shown the loss in the societies balance sheet also as it is a liability for the society (by calculating the 90 sq.feet in terms of cost).
The society has shown clear avoidance towards the courts order and till now after 8 years of repeated reminders they are not solving nor implementing the order. They are now going in redevelopment by unfair means by totally avoiding the decree (co-operative court order).
Questions
1). Can I implement the decree for re-execution in high court of mumbai? What prayers to be filled while re-executing the decree in court.
2). As my flat was vacant for years nor on my name, I had a loss of rent. Can I include that loss while implementing the decree in court.
3). Now the rates of the property has increased, if the issue is solved in terms of money then which cost will be implied the 8 years back cost or the present cost on which the property prevails.
4). What should I demand in court with respect to the area, if they agree to give that in redevelopment?
5). Is redevelopment possible without implementing the order (decree)?
