Case Note & Summary
The case involved review applications filed by R.Santhi Pitchaiya Nattar against M/s. Homefinders Housing Ltd. concerning judgments passed by the Tamil Nadu Real Estate Appellate Tribunal. The review applications sought to challenge the judgments dated 29-07-2025 in CMSA Nos. 22 and 23 of 2025, and to restore an earlier order from the Tamil Nadu Real Estate Regulatory Authority. The court examined whether the review applications presented a substantial question of law as required under Section 58 of the Real Estate (Regulation and Development) Act, 2016. The court noted that the appeal could only be entertained if a substantial question of law was involved, as per the provisions of the Act and the Code of Civil Procedure, 1908. Upon review, the court concluded that no substantial question of law was raised, and the issues presented were factual in nature. Consequently, the review applications were dismissed without costs, and the connected miscellaneous petitions were also closed. The decision was rendered by the Hon'ble Justices S.M. Subramaniam and P. Dhanabal on 13-08-2026.
Headnote
A) Review Applications - Substantial Question of Law - Dismissal of Review Applications - Real Estate (Regulation and Development) Act, 2016, Section 58 - Court found no substantial question of law involved in the review applications and dismissed them, stating that factual grounds raised do not warrant adjudication in absence of a substantial question of law. Held that the review applications were dismissed as no legal grounds were established (Paras 2-3).
Issue of Consideration
Whether the review applications raised a substantial question of law for consideration under Section 58 of the Real Estate (Regulation and Development) Act, 2016.
Final Decision
The court dismissed the review applications, stating that no substantial question of law was involved and that the issues raised were purely factual in nature.
Law Points
- Review applications
- substantial question of law
- Real Estate (Regulation and Development) Act
- 2016
- Code of Civil Procedure
- 1908
