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SC – Landowners not jointly liable with the Developer for construction delay or possession or deficiency in service

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Liability of the Landowners for the acts of the Developer in the Deficiency in Service – JDA & Sale Agreements

Clause 7 of the JDA of the landowners and the developer for mutual indemnities between the parties.

Clauses 2 and 3 of the GPA authorized the developer to enter into sale  agreements, execute conveyance, registration and receive consideration.

On conjoint reading of the JDA and the GPA, it is evident that in respect of the flats of developer’s share, the developer had right to enter into sale agreements, construction, consideration, transfer possession and convey title.

The agreements do not show that the land owners are under any obligation to raise construction.

The delay in delivery of possession is in respect of flats falling in the share of the developer.

Judgment dated 20.2.2026 of the Supreme Court in Civil Appeal Nos.10527-10528 of 2024 of Sriganesh Chandrasekaran and others   Vs.   M/s. Unishire Homes LP and others

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