other nine members of the co-operative society, eight members have handed over possession in November 2012 and are occupying transit accommodation with the rent being paid by the plaintiffs / developers. The learned trial Judge has discussed all the relevant issues and held that the refusal on the part of the appellants in not handing over possession of the flat is not warranted by the terms of the agreement. As per agreement dated 21 December 2010 the occupants of the flats are to be given a new flat free of cost which will have an area to the extent of about 127% of the original flat area. For instance, the appellants have a flat which admeasures about 475 sq. ft., under the agreement, the appellants are to get flat admeasuring 603 sq. ft. In fact, now the appellants are offered flat admeasuring 613 sq. ft. and therefore the appellants are not going to get anything lesser than what was agreed under the agreement dated 21 December 2010. According to the appellants, in view of the change in the Development Control Regulations providing for fungible FSI, the appellants should get much larger area than 613 sq. ft. It is further contended that the co-operative society has not taken any decision at a General Body Meeting for approving the change after the amendment to the DCR.
