Purushottam S/O Garibaji ... vs Sow. Madhubala Bramhadas ...
2022 Latest Caselaw 7253 Bom

                                                         1                                   927.WP.203-2020.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                             WRIT PETITION NO. 203 OF 2020
                        ( Purushottam s/o Garibaji Nandagawali
                                          Vs.
                       Sow. Madhubala Bramhadas Nandagawali )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. S.G. Karmarkar, Advocate for the Petitioner.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 27th JULY, 2022.

Heard Mr. Karmarkar, learned counsel for the petitioner.

2. The learned trial Court by the order dated 31.10.2018 (page 80) in a suit for specific performance filed by the present petitioner (plaintiff) on an application under Exh. 5, had allowed the same holding that the plaintiff to be in possession of the suit property on the basis of the agreement dated 09.09.2004. The appellate Court has reversed the order of the trial Court by the judgment dated 18.09.2019, on the ground that the agreement of sale dated 09.09.2004 under which possession was claimed was neither registered nor stamped. That being the position, the protection under Section 53(A) of the Transfer of Property Act, was not available, in view of the amendment dated 24.09.2001 to the Registration Act as 2 927.WP.203-2020.odt

well as the Transfer of Property Act. That being the position, I do not find any reason to interfere in the impugned judgment, as the position is clearly covered by the aforesaid law.

3. The petition is therefore dismissed. No costs.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:28.07.2022 14:44