The Apartment or the Flat has to be a separate and self-contained which is used or intended to be used for residence or office, showroom or shop or godown or for carrying on industry or business.

 In the Matter of K.R. Agarwal vs Balkrishna Jawar And Anr. AIR 1972 Bom 343 Before Supreme court of India decided on 21.09.1971

it was held that There are three main ingredient of the term “Flat”

1. be separate and self contained set of premises

2. Be such that it can be used for or intended to be used for residence, shop or godown or for carrying out any industry, business or garage;

3. Form a part of the building

In the Matter of Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd CIVIL APPEAL NO. 2544 OF 2010. Decided on 31.08.2010 Before Supreme court of India

again it was held that “ the set of premises (The Apartment or the Flat) has to be a separate and self-contained which is used or intended to be used for residence or office, showroom or shop or godown or for carrying on industry or business.

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