4] By now, it is quite well settled that such disputes, which are really private and contractual in nature cannot be normally adjudicated in proceedings under Articles 226 and 227 of the Constitution of India. Besides, this Court, in the case of Mazda Construction Company & Ors. vs. Sultanabad Darshan CHS Ltd. & Ors .1 , upon consideration of the various provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963 (MOFA) has held that what is to be conveyed even by a deemed conveyance, is an unilateral act which enables the flat purchasers to acquire the promoter's right, title and interest in the land and the building. Therefore, it cannot be said that an unilateral deemed conveyance conveys some thing more than what belongs to the promoter. Besides, in the said decision, it has been held that in case the parties have any issues or contentions, which, according to them, affect their proprietory rights or civil rights, the directions for execution of a deemed conveyance under the provisions of the MOFA, will not preclude the parties from raising such issues by instituting action before the civil courts or any other competent forum. All contentions of all parties in such proceedings, if instituted, can always be kept open.
