Case Note & Summary
The petitioner, Dr. Ranjit Ramchandra Upadhyaya, a member of the respondent M/s. Salas Co-operative Housing Society Ltd., filed a writ petition challenging the order of the Divisional Joint Registrar which had set aside the Dy. Registrar's order dated 29.12.2004. The dispute centered on whether the petitioner was liable to pay maintenance charges for three units or two units. The petitioner contended that he was liable only for two units as per the original conveyance deed, while the society claimed he was liable for three units based on consent terms allegedly arrived at on 18th March 1994. The petitioner initiated proceedings before the Dy. Registrar to restrain the society from recovering maintenance charges for three units. The Dy. Registrar observed that the petitioner should be charged according to the conveyance deed for two units. The society appealed to the Divisional Joint Registrar, who set aside the Dy. Registrar's order. The petitioner then approached the High Court. The High Court noted that the petitioner had pleaded before the Divisional Joint Registrar that the consent terms were obtained by fraud. The court found that the Divisional Joint Registrar had not considered this plea and had erroneously set aside the Dy. Registrar's order. The court held that the consent terms, if obtained by fraud, cannot be relied upon, and the original conveyance deed must prevail. Consequently, the court allowed the writ petition, set aside the order of the Divisional Joint Registrar, and restored the order of the Dy. Registrar dated 29.12.2004.
Headnote
A) Co-operative Law - Maintenance Charges - Liability Based on Conveyance Deed - Dispute between member and society regarding number of units for which maintenance charges are payable - Petitioner claimed liability for two units as per conveyance deed, society claimed three units based on consent terms - Court held that consent terms allegedly obtained by fraud cannot override the original conveyance deed - Dy. Registrar's order directing charges as per conveyance deed for two units was upheld (Paras 4-6).
Issue of Consideration
Whether the petitioner is liable to pay maintenance charges in respect of three units or two units, and whether the consent terms relied upon by the society are valid or obtained by fraud.
Final Decision
Writ petition allowed. Order of the Divisional Joint Registrar set aside. Order of the Dy. Registrar dated 29.12.2004 restored.
Law Points
- Consent terms obtained by fraud are void
- Conveyance deed prevails over consent terms for determining liability
- Co-operative society cannot recover maintenance charges beyond what is stipulated in conveyance deed
