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Showing contexts for: constructive knowledge in Kumari D. Umabala & Anr. vs B. Laxmikantha Rao & Ors. on 7 June, 2018Matching Fragments
8. I have carefully considered the arguments advanced by the learned counsel for the petitioners and have examined the material on record. It is admitted by the petitioners that the petitioners sold the flat on the third floor to the respondent No.1/complainant in the year 2002. When the complainant received the notice of demolition of his flat on the third floor, then he found out the reason for such demolition notice. At that time, he came to know that building plan was approved upto second floor only and third floor was illegally constructed. In this context, the argument of the leaned counsel for the petitioners cannot be accepted that the building plan was got approved by the builder and therefore, the petitioners cannot be held responsible for the same. The fact is that the petitioners have sold the third floor to the complainant and as owner of the property which was subjected to development agreement, the petitioners must be in the knowledge of the fact that the third floor was illegally constructed. When they were party to the development agreement and have signed the application forms for approval of the construction plan, they are supposed to know the approved plan by the concerned Municipal Corporation, even though the same was got approved by the builder.