Order No:  3                                                                                       Date:04/12/2024

Today is fixed for filing show-cause by the complainant. Complainant side is found present and ready. Show-cause filed by complainant. Perused the show-cause petition. Grounds stated in the show-cause petition are found satisfactory and it is accepted.

The admission hearing matter is taken up for consideration.

Heard ld. Advocate for the complainant side. Considered submission. In course of hearing the complainant side has given emphasis on the documents annexed alongwith the complaint petition.

After going through the materials of the case record, it appears that the basis of the case is Agreement for Sale which is neither registered nor notarized whereas the complainant side in the complaint petition has taken the plea that the Agreement for Sale is notarized. Thus, it is crystal clear that there is a gulf of difference in between the fact and evidence given. Moreover, the sanctioned plan which is approved by the Municipal Corporation has also not been filed to prove the fact that the construction of the apartment is legal and valid construction.

Moreover, owners of the land have not been impleaded as parties of this case although they are the necessary parties. This matter is clearly depicting that this case is bad for non-joinder parties.

Considering all the above noted factors, this District Commission finds that this is not at all a fit case for admission and so it is dismissed.

Dictated & corrected by me.

President