Shri.Padmakar Rajaram Zarkar vs Shri.Milind Chandrakant Sawant
2023 Latest Caselaw 1307 Bom

                                                                                           79-sa-730-2019.doc
      Pallavi



           Digitally signed
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PALLAVI
           by PALLAVI
           MAHENDRA
           WARGAONKAR
                                                    CIVIL APPELLATE JURISDICTION
MAHENDRA
WARGAONKAR Date:
           2023.02.08

                                                        SECOND APPEAL NO.730 OF 2019
           18:10:50
           +0530


                                                                      IN
                                                      CIVIL APPLICATION NO.1867 OF 2017
                                                                      IN
                                                       SECOND APPEAL NO.730 OF 2019

                              Shri. Padmakar Rajaram Zarkar            ...Appellant/Applicant
                                    Versus
                              Shri. Milind Chandrakant Sawant and Anr.       ...Respondents


                              Mr. Rupesh R. Lanjekar, for the Appellant/Applicant.


                                                                 CORAM : MADHAV J. JAMDAR, J.

DATE : 7th FEBRUARY 2023

P.C. :

1. Heard the Mr. Lanjekar, learned counsel appearing for the

Appellant. Admit on the following substantial questions of law:

(I) Whether the learned Trial Court could have dismissed the

prayers in the suit seeking cancellation of agreement,

possession and perpetual injunction after recording

affirmative finding with respect to the issues that the

defendants have committed breach of the agreement dated

2nd June 2008, the defendants have retained possession of the

79-sa-730-2019.doc Pallavi

suit property illegally and that the defendants are going to

sell the suit property to the third party?

II) Whether the defendants are entitled to retain possession

under section 53A of the Transfer of Property Act when the

finding recorded that defendants have committed breach of

the agreement dated 2nd June 2008 and therefore, the finding

regarding readiness and willingness, is against the

defendants?

(III) Whether the learned First Appellate Court, in the Appeal filed

by the original plaintiff could have legally passed decree

directing that the defendants are at liberty to get suit flat

transferred in their names by seeking corresponding

title/documents from the Appellants/ plaintiffs?

(IV) Whether the learned First Appellate Court should have

interfered in the judgment and decree of the learned Trial

Court after holding that the learned Trial Court appears to

have travelled beyond the subject matter of the suit?

[MADHAV J. JAMDAR, J.]