Disposed

Mrs Rekha Shankar v. Sri Kumud Kumar Jha

Jharkhand HC1 Oct 2020Arb. Appeal/3/2016

Case brief

AI extract

What is this about?

A dispute over allocation of commercial, residential and parking spaces under development agreements was settled through a mediated tripartite agreement. The court disposed of the arbitration appeal in terms of the compromise, incorporating the agreement into its order and decree.

What did the court decide?

Appeal disposed of in terms of the tripartite compromise, with the agreement forming part of the order and decree.

Mrs Rekha Shankar Vs Sri Kumud Kumar Jha — Arbitration | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Arb. Appeal No. 3 of 2016

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Mrs. Rekha Shankar, wife of Sri Hari Shankar Prasad, resident of B.I.T. More, N.H. 33, Mesra, P.O. Vikas, P.S. Sadar, District Ranchi (Jharkhand) … Appellant

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Versus

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Sri Kumud Kumar Jha, son of Sri I.S. Jha, Managing director of Feacon Construction & Industries Private Limited, having its office at 62, Circular Road, P.O. & P.S. Lalpur, District Ranchi (Jharkhand).

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Savita Jaiswal, wife of Shri Chandra Bhushan Jaiswal, resident of Sarswati Kunj, Burdwan Compound, Near Holy Cross School, P.O. & P.S. –Lalpur, District –Ranchi.

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… Respondents ------

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Subhashis Rasik Soren, Advocate : Mr. Indrajit Sinha, Advocate For the Respondent : Mr. Sumeet Gadodia, Advocate : Mr. Rohit Roy, Advocate

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By the Court:-

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I.A. No.2623 of 2017

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Heard the parties through video conferencing.

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This interlocutory application has been filed with on behalf of Savita Jaiswal, wife of Shri Chandra Bhushan Jaiswal with a prayer to implead the intervener-petitioner as respondent no.2 of this Arbitration Appeal. It is submitted on behalf of the intervenerpetitioner that the intervener-petitioner Savita Jaiswal is one of the co-owners of plot of land in question and the intervener-petitioner vide registered sale deed has purchased the land in question and the land has duly being mutated in her name. The appellant in order to develop a share of the land in question had entered into a development agreement with one Feacon Constructions & Industries Pvt. Ltd. of which respondent is one of the Managing Director. Since the intervener-petitioner was the owner of the adjoining land of 10 Khatas , the respondent-builder approached the present the intervener-petitioner for developing the said property of the

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intervener-petitioner also and has requested to enter into a similar development agreement with her and the appellant also agreed to the said proposal of the respondent-builder and accordingly, the share of the present intervener-petitioner under the development agreement was also kept intact and the present the intervenerpetitioner was also entitled for her share in commercial spaces i.e. Ground Floor and 1st Floor as per the said Development Agreement and mutual agreement. It is then submitted that even the final agreement dated 9th April, 2015 was signed between the intervenerpetitioner and the respondent-builder and the respective share of the present the intervener-petitioner was bifurcated and it was further recorded that the intervener-petitioner has already taken over the possession of the commercial and residential spaces including parking spaces. It is also submitted that in-spite of the aforesaid facts, dispute is raised by the appellant regarding the allocation of commercial spaces without impleading the intervenerpetitioner as a party to the dispute. It is next submitted that the order restraining in transfer of property by the respondent-builder in Municipal Holding No.2229-A Ward No.7C is prejudicial to the interest of the present intervener-petitioner , especially because the present the intervener-petitioner is the owner of the land situated over Municipal Holding No.2229-A. Hence, it is submitted that the intervener-petitioner is a necessary party to this appeal therefore, she be added as respondent no.2.

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Learned counsel for the appellant and the learned counsel for the respondent have no objection to the prayer for impleading the intervener-petitioner-Savita Jaiswal as respondent no.2.

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Considering the aforesaid facts, the prayer to implead Savita Jaiswal as respondent number 2, is allowed.

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Registry is directed to incorporate the name and address of Savita Jaiswal in the cause title of the appeal memo as respondent no.2 in red ink.

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This interlocutory application is disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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Arb. Appeal No. 3 of 2016

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It is jointly submitted by the learned counsel for the appellant and both the respondents that upon the matter being referred to mediator, a tripartite agreement has been entered into between the parties which is as follows:-

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TRIPARTITE AGREEMENT

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(As per mediation resulting from Arbitration Appeal 03/16)

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(Share Allocation of Heritage Swarnrekha)

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Present: Appellant in person

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Respondent in person

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Intervener in person

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This agreement made at Ranchi, on 28^th day of August, 2020,

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BY AND BETWEEN

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SMT. REKHA PRASAD alias REKHA SHANKAR PRASAD, W/o Sri Hari Shankar Prasad, resident of B.I.T. More, Thana- Sadar, DistrictRanchi, (herein after the “ Appellant ”) which shall, unless excluded by or repugnant to the context be deemed to mean and include her respective heirs, executor, administrators, assigns and legal representatives etc. of the FIRST PART.

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AND

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FEACON CONSTRUCTIONS AND INDUSTRIES PRIVATE LIMITED a company registered under the companies act 1956 having its registered office at 62 Circular Road, Lalpur, Ranchi 834001 (previously at 20, G.E.L. Church Complex, Main Road, Ranchi) through its Managing Director Sri Kumud Kumar Jha, s/o Sri I.S. Jha, who is duly authorized to enter into such agreement and to sign it for and on behalf of the company, (hereinafter the “ Respondent ”) which shall, unless excluded by or repugnant to the context be deemed to mean and include her respective heirs, executor, administrators, assigns and legal representatives etc. of the SECOND PART.

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AND

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SMT. SAVITA JAISWAL, W/o Sri Chandra Bhushan Jaiswal, resident of Saraswati Kunj, Burdwan Compound, Lalpur Ranchi (previously-6,

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Hazaribagh Road, Tharpakhna, Ranchi), (hereinafter the “ Intervener ”) which shall, unless excluded by or repugnant to the context be deemed to mean and include her respective heirs, executor, administrators, assigns and legal representatives etc. of the THIRD PART.

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WHEREAS a Development Agreement dated 03.03.2005 was entered between the Appellant and the Respondent for development of 20 (twenty) kathas (approx.) of land comprised with R.S. Plot No.716, Khata No.160 of Village Gari, Thana No.194, P.S. Sadar, District Ranchi.

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AND WHEREAS another development agreement dated 11.04.2006 executed between the Intervener and the Respondent for development of 10 (ten) kathas (approx.) of land comprised within R.S. Plot No.716, Khata No.160 of Village Gari, Thana No.194, P.S. Sadar, District Ranchi.

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AND WEHREAS a building with G+10 (“ Heritage Swarnrekha ”) has been constructed over the lands owned separately by Smt. Rekha Prasad and Smt. Savita Jaiswal, after getting appropriate sanction from RRDA (B.C. Case No.1585/2006) for the same, within R.S. Plot No.716, Khata No.160 of Village Gari, Thana No.194, P.S. Sadar, District Ranchi corresponding to Municipal Holding No.2229-A, Ward No. VIIC, Total Area being 30 (thirty) khatas (approx.),

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AND WHEREAS dispute regarding allocation of shares arose from the separate agreements done by the Respondent with Smt. Rekha Prasad and Smt. Savita Jaiswal due to identical clauses in each of the agreements which allocated same proportion of share to both Appellant and Intervener, in the same building,

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AND WHEREAS, at the instance of the Appellant, an arbitration proceeding was commenced which was unsuccessful and resulted in multiple suits filed including Arbitration Appeal No.3/2016 before Hon’ble Jharkhand High Court, Ranchi,

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AND WHEREAS it is not in dispute that no tripartite agreement was entered into among the three parties.

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AND WHEREAS the Hon’ble High Court directed the parties to this agreement to proceed with mediation and draft a tripartite agreement based on the terms reached therein, with shares allocated proportional to the contribution of land given by the land owners to the project as per sanction, to resolve the dispute in the case vide its ruling dated 10.12.2019 in Arbitration Appeal 03/2016,

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AND WHEREAS accordingly, the case was referred to Nyay Sadan, JHALSA, RANCHI, for mediation between the parties,

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AND WHEREAS the total built up area of the building- “Heritage Swarnrekha” has come out to be 55668 sq. ft.,

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AND WHEREAS the share of the Respondent is 60%, which amounts to 33401 sq. ft. and that of the combined land owners (Appellant and Intervener) is 40% which amounts to 22267 sq. ft. out of which the Appellant, Smt. Rekha Prasad is entitled to 66.14% of 22267 sq. ft., which amounts to 14,727 sq. ft. and the Intervener, Smt. Savita Jaiswal is entitled to 33.86% of 22267 sq. ft., which amounts to 7,540 sq. ft.

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AND WHEREAS the Respondent and Intervener are already in possession of their respective shares,

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AND WHEREAS the appellant has inspected her allocated shares and is satisfied with the same with regard to area, quality of construction, specification etc.,

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AND WHEREAS the Appellant shall take possession of her allocated shares as per terms of the present agreement on a turnkey basis with lock and key on signing of the present agreement.

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AND WHEREAS as per mediation directed by the Hon’ble High Court, vide its ruling dated 10.12.2019 in Arbitration appeal no.03/2016, the parties, without any coercion, misrepresentation, undue influence and out of their own free will, reached and agreed upon the following terms:-

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1. That this Tripartite agreement is being executed to amicably resolve the dispute arisen between the Appellant, Respondent and Intervener in connection to the development agreement executed between the Appellant and the Respondent dated 03.03.2005 and the development agreement executed between the Intervener and the Respondent dated 11.04.2006.

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2. That this tripartite agreement is being executed in the light of reference made by Hon’ble High Court of Jharkhand to JHALSA for mediation in Arbitration Appeal no.-03/2016 vide order dated 10.12.2019.

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3. That the subject matter of this agreement is the allocation of shares in Heritage Swarnrekha to the Appellant, Respondent and Intervener in the case of Arbitration appeal no. 03/2016.

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4. That the share of the respective parties in the building known as Heritage Swarnrekha is marked, delineated, identified and fully described in Schedule-A, B and C appended to this agreement.

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5. That the flats, commercial spaces, parking space mentioned in Schedule-A to this agreement corresponds to the share of the Appellant in the building Heritage Swarnrekha.

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6. That the flats, commercial spaces, parking space mentioned in Schedule-B to this agreement corresponds to the share of the Intervener in the building Heritage Swarnrekha.

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7. That the flats, commercial spaces, parking space mentioned in Schedule-C to this agreement corresponds to the share of the Respondent in the building Heritage Swarnrekha.

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8. That the allocation of shares of all parties as attached to this agreement in Schedules A, B and C is confirmed and agreed upon by all parties.

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9. That the respective shares of the parties in commercial, residential and parking space are delineated in maps enclosed as Schedule-D, D/1, D/2, D/3, D/4 & D/5.

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10. That the common space in commercial and residential area of the building Heritage Swarnrekha shall be used by the commercial and residential occupants respectively, except for the 6 (six) feet wide exit passage provided to the Appellant by the Intervener, which shall be used by Appellant for whatever purposes as needed. The exit passage shall be kept closed for security of the residential premises unless in use by the Appellant or her allottees, tenants etc, as and when required.

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11. That the Parties to this agreement shall be entitled to sell, lease, rent, mortgage etc. out of their allotted share as allocated in the Schedule-A, B and C respectively in commercial space and flats including parking space (as delineated in Schedule D) appended to this agreement, without any interference from other parties.

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12. That the Appellants, Intervener and Respondent agree to execute a power of attorney if needed, in favour of person/ individual nominated by any of the parties for the purpose of execution of registered deed of conveyance/ sale/ hypothecation/ mortgage/ rent/ lease or any other lawful purposes, of the allocated shares in commercial space and flats including parking space as identified in Schedule –A, B, C and D appended to this

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agreement, as needed, in accordance with law, provided all legal requirements are met.

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13. That the Appellant and the Intervener agree to cooperate in a lawful manner with the Respondent and with each other including producing/handing over documents, signing documents, appearing in person before the District Sub Registrar for execution and registration of conveyance deed in favour of the purchasers/ allottes/ self, in the event the same is required, in accordance with law, provided all legal requirement are met.

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14. That the Appellant, Intervener and the Respondent agree to cooperate with each other, in the event either of them may require the presence and / or signature of either of the parties for the purpose of hypothecation/ mortgage/ sale/ other lawful purposes, of their respective shares as identified in Schedule-A, B, C AND D appended to this agreement as needed, in accordance with law, provided all legal requirements are met.

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15. That the Appellant, Intervener and Respondent agree to execute any document for the purpose referred above for the allocated shares as identified in Schedule- A, B and C respectively in commercial space and flats including parking space (as delineated in Schedule D) in favour of the person/ individual nominated by either of them, within a period of 30 (thirty) days from the date of such written request is made either through electronic mail or postal mail, in accordance with law, provided all legal requirements are met respectively on part of all the parties involved and on part of the individual nominated by either of them. Any such request will be made only after 30 (thirty) days of signing of the agreement. Failing to fulfil the request, a monetary damage/ penalty at the rate of 1% per week of the registered value of the requested property shall be paid by the party failing to fulfil the obligation.

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16. That any and all facts along with draft deed pertaining to any request made by any party to this tripartite agreement for the purpose of registration/ tenancy/ mortgage/ lease/ other lawful purposes etc. as mentioned above must be sent by the party requesting to the relevant party through electronic mail or postal mail or by hand as convenient along with the notice sent for such request.

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17. That an exit passage of 6 (six) feet towards the western boundary of the building (marked in the map appended as Schedule-D to this agreement) shall be provided by the Intervener in favour of the Appellant. The relevant demolition/ construction work for the above provided exit passage shall be done at the expense of the Appellant within a period of 30 days from the date of signing of this agreement.

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18. That compensation for 728 sq. ft. area (shortfall 725 sq. ft. plus 3 sq. ft. area), in lieu of the shortfall of the Appellant, is being made to the Appellant by the Respondent at the rate of Rs.2650/- per sq. ft. i.e. Rs.19,29,200/- (Rupees Nineteen Lacs twenty nine thousand two hundred only). The amount of Rs.19,21,250/- (Rupees Nineteen Lacs twenty one thousand two hundred fifty only) is being paid to the Appellant by the Respondent vide Demand Draft no.879959 dated 27.08.2020 drawn on SBI, Ranchi and the remaining amount of Rs.7950/- (Rupees Seven Thousand nine hundred fifty only) is being paid by cash to the Appellant by the Respondent. The said demand draft has been issued in name of Smt. Rekha Rani Jaiswal on request by the Appellant. The receipt of the amount paid is duly acknowledged by the Appellant and she has granted the receipt (of the demand draft and cash amount) to the Respondent of the Third Party.

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The Appellant has sworn an affidavit (No.1191, dated 26.08.2020) stating that “my name mentioned in some documents are written as Rekha Prasad, Rekha Shankar, Rekha Shankar Prasad, Rekha Rani Jaiswal and Rekha Jaiswal. I hereby declare that all the names pertain to one and same person that is Rekha Prasad and my real name is Rekha Prasad” and further the same has been published in Dainik Jagran dated 27.08.2020 and Hindustan Times dated 27.08.2020.

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19. That on account of exess area of 85 sq. ft. allocated to the Intervenor, the same has already been suitably compensated by the Intervener to the Respondent.

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20. That on request by the Appellant, an additional 3 (three) feet wide staircase will be constructed by the Respondent at the north-east corner of the Ground Floor premises of the Appellant so as to allow convenient egress/ingress, at the Respondent’s expense within 30 days from the date of singing of this agreement.

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21. That for residential area inclusive of six flats (for details, see attached Schedules A, A/1) belonging to Smt. Rekha Prasad, fitting, fixtures, repairs, internal maintenance work and other finishing work has been done by the Respondent at his own expense to her satisfaction and choice and as per specifications provided in the agreement with the Appellant dated 03.03.2005.

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Photocopy of the as per agreement with the been attached as Annexure- I

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the agreement.

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22. That all fitting, fixtures, repairs, internal maintenance work and other finishing work in the wash room (on Ground floor) and other parts of the Appellant’s commercial premises as per specification in the agreement with Smt. Rekha Prasad dated 03.03.2005 has been done by the Respondent at his own expense to her satisfaction and choice and as per specification provided in the agreement with the Appellant dated 03.03.2005.

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Photocopy of the as per agreement with the been attached as Annexure- I

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the agreement.

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23. That the monthly maintenance charges whatever due will be paid by the Appellant as per her mutual agreement with the Legal Resident Owners Association.

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24. That additional car parking space for common commercial use shall be developed by the Respondent for commercial parking on the entire eastern (front road) side of the commercial premises within 30 days from the date of signing of this agreement.

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25. That all residential, commercial & parking spaces and interests in Heritage Swarnrekha of Smt. Savita Jaiswal have already been handed over earlier to her, to her full satisfaction.

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26. That the parties shall be responsible for up keep and maintenance of their respective residential, commercial and parking space from the date of signing of this contract.

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27. That Municipal tax or any other Govt. taxes pertaining to shares of each party shall be paid by the respective parties as per the relevant laws.

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28. That service tax/GST appertaining to shares of each party shall be paid by respective parties as per the relevant laws.

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29. That power connection from JBVNL (Jharkhand Electricity Board) will be taken by the parties for their respective commercial & residential units/premises at their own cost and effort.

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30. That in the event any deviation is observed from the sanction plan, the party responsible for such deviation shall be responsible for regularization of such deviation, at his/her cost.

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31. That for any legal encumbrances arising out of construction in accordance to sanctioned plan or any variation in construction from the plan, parties responsible for such construction or variation thereof shall be ultimately responsible for all encumbrances.

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32. That any taxes regarding the subject matter shall be paid by the respective parties of this tripartite agreement in accordance to their respective allotment of share as per the relevant laws.

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33. That all the parties shall fulfil all contractual obligation to each other within 30 days from the date of signing of this Tripartite agreement.

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34. That all pending cases before all Courts/forums will be withdrawn by all parties within 15 days from the date of signing of this agreement.

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35. That the terms and conditions of this agreement shall be binding on all the parties.

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36. That no party shall lodge any new case before any court/forum regarding the subject matter of this agreement unless the present agreement or a part thereof is violated or remains unexecuted, following which, the impugned party shall face consequential legal action.

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MISCELLANEOUS

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1. That extension of the ground floor protrusion in the share of the Appellant, for aesthetic and practical purposes, will be done with steel and glass structure by the Appellant at her own cost at her own convenience.

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2. That the space in basement car parking area not used in the parking of vehicles shall be used exclusively by the Appellant, Respondent and Intervener in proportion to allocated shares, for whatever usage desired if legal, subject to the written consent of all the relevant parties including Resident Owners’

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Association/representatives, in as much as it does not affect the right and interest of the same.

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3. That all the parties shall identify any leftover documents required on their part of execution of this contract and ensure they are properly signed by necessary parties.

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4. That in the event of Force Majeure prohibiting any party from fulfilling their contractual obligation, such reason has to be notified to the other parties to this contract by way of notice within a time period of 7 (seven) days from the date of such incident.

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5. That Force Majeure shall mean and include all acts of God and public unrest to the extent such acts are strictly beyond the control of the parties.

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6. That the parties agree to co-operate to their fullest extent to fulfil their contractual obligations and not to hinder execution of the contract, or enjoyment of respectively allocated shares of the property, by any means.

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7. That the courts at Ranchi alone shall have jurisdiction on any dispute, actions, suits and proceedings arising of this contract.

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That the contents of the settlement reached upon mediation as been explained to the parties in vernacular and they have understood the same and have affirmed the same to be correct.

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Settlement proceedings to be sent to the referral court i.e., Hon’ble High Court of Jharkhand. Copy of settlement agreement given to all the parties.

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SCHEDULE-A

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Commercial Area Allocated to the Appellant (Smt. Rekha Prasad) as per following table:-

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Sl. No.	Location	Area (sqft)	Marked as
1	Ground Floor	2884	G-I
2	Ground Floor (passage in South- west corner)	114	G/P-II
3	First Floor	2914	F-I
	Total area (sq.ft.)	5912

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SCHEDULE-A/1

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Residential flats & respective parking space allocated to the Appellant as per following table:

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Sl.	Location	Flat No.	Area	Respective	Location
No.	(Floor)		(sqft)	Parking Space No.	of Parking Space
1	2^ndfloor	201	1506	B9	Basement
2	2^ndfloor	204	1442	B10	Basement
3	3^rdfloor	301	1506	G18	Set back area
4	3^rdfloor	302	1235	G19	Set back area
5	3^rdfloor	303	1049	B13	Basement
6	3^rdfloor	304	1352	G6	Set back area
	Total area (sq.ft.)		8090

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Total commercial & residential area allocated to share of Smt. Rekha Prasad being: 14002 sq. ft.

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Note-

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All commercial premises, residential flats and parking spaces allocated as above are delineated and marked with numbers in the map in Schedule- D/D1/D2/D3/D4/ D5 to this agreement.

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Passage area in Ground floor is delineated and marked as G-I/P in the map appended as Schedule-E to this agreement.

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SCHEDULE-B

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Commercial Area allocated to the Intervener (Smt. Savita

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Jaiswal) as per following table:-

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Sl. No.	Location	Area (sqft)	Marked as
1	Ground Floor	1405	G-II
2	First Floor	1535	F-II
	Total area (sq. ft.)	2940

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SCHEDULE-B/1

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Residential flats & respective parking space allocated to the Intervener as per following table:

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Sl. No.	Location (Floor)	Flat No.	Area (sqft)	Respective Parking Space No.	Location of Parking Space
1	2^ndfloor	202	1235	B1	Basement
2	2^ndfloor	203	1049	G7	Set back Area
3	10^rdfloor	1003	1049	B2	Basement
4	10^rdfloor	1004	1352	G9	Set back area
	Total area (sq.ft.)		4685

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Total commercial & residential area allocated to share of Smt. Savita Jaiswal being: 7625 sq. ft.

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Note:-

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All commercial premises, residential flats and parking spaces allocated as above are delineated and marked with numbers in the map in Schedule- D/D1/D2/D3/D4/D5 to this agreement.

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SCHEDULE-C

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Commercial Area allocated to the Respondent (M/s FEACON Construction & Industries Pvt. Ltd.)-

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All shops in basement area as delineated and marked in Schedule-D/5

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SCHEDULE-C/1

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Residential flats & respective parking space allocated to the Respondent/its purchaser allottees as per following table:

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Sl. No.	Location (Floor)	Flat No.	Area (sqft)	Respective Parking Space No.	Location of Parking Space
1	4^thfloor	401	1506	G3	Set back area
2	4^thfloor	402	1235	B8	Basement
3	4^thfloor	403	1049	B3	Basement
4	4^thfloor	404	1352	B12	Basement
5	5^thfloor	501	1506	B7	Basement
6	5^thfloor	502	1235	B15	Basement
7	5^thfloor	503	1049	B6	Basement
8	5^thfloor	504	1352	GSW2	Set Back Area
9	6^thfloor	601	1506	B5	Basement
10	6^thfloor	602	1235	G13	Set Back Area
11	6^thfloor	603	1049	B4	Basement
12	6^thfloor	604	1352	G1	Set Back Area
13	7^thfloor	701	1506	G8	Set Back Area
14	7^thfloor	702	1235	G12	Set Back Area
15	7^thfloor	703	1049	G14	Set Back Area
16	7^thfloor	704	1352	GSW1	Set Back Area

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17	8^thfloor	801	1506	G16	Set Back Area
18	8^thfloor	802	1235	G10	Set Back Area
19	8^thfloor	803	1049	G4	Set Back Area
20	8^thfloor	804	1352	B11	Basement
21	9^thfloor	901	1506	G17	Set Back Area
22	9^thfloor	902	1235	B14	Basement
23	9^thfloor	903	1049	G11	Set Back Area
24	9^thfloor	904	1352	G15	Set Back Area
25	10^thfloor	1001	1506	G2	Set Back Area
26	10^thfloor	1002	1235	G5	Set Back Area
	Total Area (sq.ft.)		33593

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Note:- All commercial premises, residential flats and parking spaces allocated as above are delineated and marked with numbers in the map in Schedule- D3/ D4/ D5 to this agreement.

THE SECOND SCHEDULE REFERRED SPECIFICATIONS

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A. RESIDENTIAL AREA BEING ALLOCATED TO LAND

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OWNER

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Two Bedroom Flat, with Kitchen, Two Toilets, One dining and one drawing hall etc.

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1. Brick wall 8” outside and 4” inside walls.

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2. Flooring : Marble flooring in kitchen toilet and W.C., and in rest of the flat.

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3. Granite finish marble top in kitchen platform.

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4. Quality matching ceramic tiles two feet high in kitchen only in above kitchen platform, 6 ft high in toilets and in common W.C.

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5. Provision of Electrical Points :

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(a) Bed Room : For One light, One Fan, one 5 Amp plug (one T.V. point, one telephone point only in Master Bedroom)

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(b) Balcony : For one light in balcony.

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(c) Lobbies and Passages : For One Light.

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(d) Drawing Room : For Two fans, Two lights, one 5 Amp power plug, one 15 Amp power plug, one TV point with 5 Amp power plug.

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(e) Dining Hall : For one fans, one light, one 5 Amp and one 15 Amp power plug.

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(f) Toilet : For one light, one exhaust, and one 15 Amp power plug.

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(g) Kitchen: For two light, one exhaust, ten 5Amp power plug.

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6. Sanitation and plumbing : A concealed P.V.C. pipe line except hot water lin, one basin in each toilet with fittings and fixtures such as wall fixtures with hand shower, Fixed shower, basin fixtures and all adequate fittings.

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7. Doors : Folded sal wood frame with flush panel type shutters of wood painted with synthetic enamel over a coat of primer. The door shall be standard fittings and fixtures. Entry door shall be Teak veneered from outside.

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8. Windows : Fully glazed ground glass windows with steel frames and fixed fabricated grills painted with two coats of synthetic enamel over a coat of primer.

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9. Water arrangements: Connection with deep tube well with overhead tank and connected by electric pump.

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10. Wall finish: External stone clad wall and internal with plaster of Paris.

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11. Lift: One lift with six passenger would be provided.

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12. Electric Supply: Individual meter and supply shall be taken from Jharkhand State Electricity Board at extra cost.

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13. Generator Facility: Will be provided at 300 W with separate circuit breaker for each flat, at extra cost.

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14. Solar Water Heater: Will be provided at extra cost as per facility allowed by RRDA Instruction.

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15. Tranformer: Will be provided at extra cost as per facility allowed by RRDA Instruction.

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16. Fire: The builder shall provide cost of firefighting equipments prescribed by the RRDA. The building will be G+5/6 multistoried building.

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B) COMMERCIAL AND OFFICE COMPLEX AREA

¶182

ALLOCATED TO LAND OWNER

¶183

R.C.C. structures and brick partition wall as per requirements of the

¶184

shops premises.

¶185

Marble flooring in all internal flooring.

¶186

Quality ceramic tiles (6’ ht.) walls in the bathroom. Complete bathroom and WC fixtures in matching colour design of ISI standard in keeping with the choice of the Owner. Electrical wiring for the distribution box and meter connection.

¶187

Steel shutter for shops of the size ear-marked.

¶188

Every specifications for standard shopping complex shall be undertaken

¶189

The same shall be applicable to the first floor.

¶190

C) SURROUNDING PATHWAYS & BASMENET AREA Surrounding pathways shall be paved over RCC with cota stones of high durable quality. Pathways shall be encircled with flower beds & greenery

¶191

park whatever necessary.

¶192

THE THRID SCHEDULE ABOVE REFERRED TO COMMON

¶193

FACILITIES

¶194

1. The foundations, columns, beams, stairs, stairways, landing, entrance and exists.

¶195

2. Pump installation, pump rooms and rooms for staff or workers, if any.

¶196

3. Common passage, driveways, basement car parking area.

¶197

4. Tube well, water pump, water tank, reservoir, water pipes and other common plumbing.

¶198

5. Electric wiring, meters and fixtures, T.V. and Telephone wiring.

¶199

¶200

6. Drainage, Sewerage and Rainwater pipe line.

¶201

7. Boundary including outside walls of the said building and the main gate.

¶202

8. Such other common parts, areas equipment, installations, fixtures and fixing.

¶203

-----------------

¶204

It is submitted by the learned counsel for the appellant and the learned counsel for both the respondents that this appeal be disposed of in terms of the aforementioned tripartite agreement and the registry be directed to prepare a decree of this appeal in terms of the said agreement.

¶205

Considering the compromise entered into between the parties by way of tripartite agreement dated 28.08.2020, this appeal is disposed of in terms of the said compromise entered into between the parties and the aforementioned tripartite agreement will form part of this order and decree and the certified copy thereof be supplied to the parties, if applied for in due process of law.

¶206

This appeal is disposed of accordingly.

¶207

In view of disposal of this appeal, all interlocutory applications are disposed of being infructuous.

¶208

(Anil Kumar Choudhary, J.)

¶209

High Court of Jharkhand, Ranchi Dated the 1st October, 2020

¶210

AFR/ Sonu-Gunjan

Mrs Rekha Shankar v. Sri Kumud Kumar Jha

Case brief

What is this about?

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Mrs Rekha Shankar v. Sri Kumud Kumar Jha

Case brief

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What did the court decide?

What the court decided

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