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14. The following points would arise for determination:

(i) Whether the Plaintiff is entitled to conveyance of sub-

divided Plot No. B with undivided common rights in 22 feet internal road and 15% recreation ground ?

(ii) Whether the conveyance in favour of the Plaintiff can be executed only upon development of the entire Plot of land as the right to utilise the additional/ unconsumed FSI vested in the Defendants ?

AS TO POINT NO (i):

15. The undisputed fact is that the Defendant No 3 had entered into Agreement with the individual flat purchasers under Section 4 of MOFA. The Plaintiff has produced the Agreement for Sale dated 30 th June, 1982-Exh 24. The model agreement in Form V under Rule 5 of rsk 10 of 24 FA-888-18-F30.doc the Maharashtra Ownership Flats Rules, 1964 (Rules of 1964) came to be prescribed in the year 1987 and in the present case the agreements with the flat purchasers have been executed in the year 1982. The rights and obligations of the parties will therefore be governed by the terms and conditions of the flat purchaser's agreement.

16. Under Clause 4 of the Agreement for sale, the residential building was to be constructed on sub divided Plot No.B of Survey No 4(a) pt and 5(a) pt and the access of 22 feet wide to remain common to all the subdivided Plots with right reserved to the builders. Clause 12 of the Agreement reserves the right to the Defendant No 3 to make additions, raise storeys or put up additional structures until the execution of the Conveyance. Clause 30 of the Agreement provides for execution of assignment in favour of the Society after the building is complete and ready and after registration of the Society and after all flats are sold with all dues received from the various flat purchasers.

21. The point arising for determination is not limited to the right of conveyance but also the entitlement of Plaintiff to sub-divided Plot No. B along with common rights to the access road of 20 feet and 15% recreation ground.

22. In the cross examination, PW-1 has stated that entire Plot is admeasuring 4943.20 square meters and building is constructed on Plot No. B admeasuring 1502.49 square meters. He has further admitted that there is a chawl on Plot No.B belonging to Defendant No 2. He has further admitted that the Plaintiff are not claiming rsk 13 of 24 FA-888-18-F30.doc conveyance in respect of land on which the Chawl and WC blocks are situated in Plot No.B. He has further admitted that entire Plots are not developed. The admission about existence of chawl on Plot No.B does not obviate the obligation to convey the property when the area statement in completion plan shows the area of Plot No.B to be 1502 square meters and the available built up area at 1502 square meters.

26. The relief of conveyance will be governed by the contract entered into between the parties which refers to the area of Plot No.B at 1502 square meters. Clause 4 of the agreement refers to the construction of the Plaintiff's building on Plot No.B and to the common rights to 22 feet wide access road. There is no dispute raised as regards the common rights in 22 feet wide access road and 15% R.G.

27. The plaint seeks relief of enforcement of the agreement executed under Section 4 of MOFA. In the absence of any mention of existing structure on Plot No.B in the flat purchasers agreement coupled with the absence of counterclaim by Defendants claiming any ownership rights in any portion of Plot No. B, the Plaintiff is entitled to conveyance of the area of Plot No. B. Point No (i) is answered accordingly in favour of the Plaintiff.