TMI Blog2014 (11) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... y the co-owners in accordance with percentage fixed in the agreement, the amount received by them after retaining a percentage as their commission - Held that:- Appellant only acted as a pure agent - it cannot be said that appellants have rented out the immovable property but it is the co-owners who have rented out the property. In view of the decision of the Tribunal in the case of Manju Champakl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... construction of commercial/residential complex as a joint venture, according to the Memorandum of Understanding entered into between 14 co-owners and the appellant, the appellant was allowed to enter into lease agreement/rental agreement and pay the co-owners in accordance with percentage fixed in the agreement, the amount received by them after retaining a percentage as their commission. After t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le property but it is the co-owners who have rented out the property. In view of the decision of the Tribunal in the case of Manju Champaklal Bafna: 2013 (31) S.T.R. 511 (Tri.-Ahmed.) wherein in a similar situation, unconditional waiver of pre-deposit was granted where there were co-owners of the property, we consider that, in this case also, a similar treatment is required to be extended. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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