Bombay HC – Title Validity Disputes Beyond RERA’s Jurisdiction

Judgment dated 25.11.2025 of the High Court of Bombay in Civil Revision Application No.606 of 2024 of Sana Hospitality Services Pvt Ltd  Vs.  Madan Kishan Gurow and others

By the sale-deed dated 23.3.2016, the defendant no.1 sold the flat to the defendant no.2 company in the project Green World promoted by it.

By the order dated 10.12.2021, the MahaREAT directed the defendant no.1 to hand over possession of the flat in 60 days and for payment of interest in the event of default.

In the meanwhile, the defendant no.2 found in the search title that the said flat was sold vide agreement dated 7.8.2017 to the plaintiffs.

The defendant no.2 filed petition for execution of order of MahaREAT against defendant no.1 and also impleaded the plaintiffs as parties.

The plaintiffs filed civil suit for declaration that their agreement dated 7.8.2017 is valid and subsisting and the sale-deed dated 23.3.2016 is null and void. 

Thus, there was dispute between two “allottees” and the promoter in respect of two instruments.

Defendant No.2 filed application in view of bar of Section 79 of the RERA Act.   The Civil Court rejected the said application.

In that context, the High Court held that the dispute as to which instrument is legal and valid cannot be decided under RERA.  Therefore, the reliefs of declaration and injunction sought by the plaintiffs cannot be granted by RERA authorities.