In a recent court decision, Nitin Chandrakant Patel, a 69-year-old senior citizen and sole owner of Mahalaxmi Land Development, won an important legal case. The Bombay High Court ordered the Pariwar Co-operative Housing Society Ltd. to give him a piece of land in Mumbai that was being argued over. Here's a simpler explanation of what happened in this case.
The case had Nitin Patel as the person who started the lawsuit, and the people he was suing were Pariwar Co-operative Housing Society Ltd., along with its Chairman Vasant Shinde and Secretary Jaywant Patil. Patel went to court to make sure a deal made back in 2003 was followed.
The land is a piece of property measuring 5,412 square meters located in Kanjur, Mumbai. This land, known as CTS No.1196-E, was part of a bigger development deal between Patel and the housing society.
On April 16, 2003, Patel and the society made a deal. Patel agreed to pay Rs. 3,34,16,726 and build 500 fully finished apartments. In return, the society was supposed to transfer the land to Patel. The deal stated that Rs. 50 lakhs of the total amount was specifically for the disputed land.
"The deal was clear, and both sides had things they had to do. Patel did his part by paying the money and building the apartments."
The society admitted to getting the payment and agreed that Patel followed the contract terms. However, they delayed handing over the land because of other ongoing legal cases with other parties.
Judge Jitendra Jain decided in favor of Patel, saying that the society had clearly admitted in various legal settings that Patel had rights to the land.
"The admissions are the best proof of the facts admitted," noted Judge Jain, pointing out the society's repeated acknowledgments.
The society argued that Patel's claim was too late according to the law. However, the court didn't agree with this argument, as there wasn't a specific date set for when the society had to act or refuse.
The court ruled in favor of Patel, ordering the society to transfer the land to him as per the 2003 agreement. This decision is a big win for Patel, allowing him to finally take control of the land after years of legal battles.
