Gujarat High Court
Baldevbhai Atmaram Patel vs Savitaben Wife Of Shivabhai Keshavlal ... on 6 June, 2014
Author: G.R.Udhwani
Bench: G.R.Udhwani
C/SCA/8052/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8052 of 2014
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BALDEVBHAI ATMARAM PATEL....Petitioner(s)
Versus
SAVITABEN WIFE OF SHIVABHAI KESHAVLAL PATEL &
10....Respondent(s)
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Appearance:
MR. HARDIK J JANI, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 06/06/2014
ORAL ORDER
1. The petitioner-original plaintiff while relying upon certain unregistered documents questioned the sale deed executed by original defendant nos.1 to 4 and also sought for specific performance of the contract against the said defendants. The petitioner did not succeed in Application Exh:5 for interim orders as also in an appeal against the rejection of the Application Exh:5. He is, therefore, before this Court.
2. Learned counsel for the petitioner has drawn attention of this Court to few findings rendered by the Lower Appellate Court to an effect that unregistered documents possessed by the petitioner cannot be pressed into service. He has also invited the attention of this Court to the finding that the petitioner's action was delayed and no equities were in his favour. It is contended that in Paragraphs-8 and 9 of plaint, necessary averments preventing the plaintiff from Page 1 of 2 C/SCA/8052/2014 ORDER instituting the suit immediately after the execution of the unregistered documents in his favour, were made but not considered by the Courts below. Learned counsel also has relied upon Sections 17 and 49 of the Indian Registration Act, 1908 as also the decision rendered in S.Kaladevi Vs. V.R. Somasundaram and others (2010 (5) SCC 401) and Diwali daughter of Bechar Raghunath and another Vs. Mohanbawa Ishvarbava and others (1965 GLR 502) and contended that the unregistered documents for the purpose of Section 53A of the Transfer of Property Act, 1882 can be pressed into service and that findings by the learned Appellate Judge to the contrary are not sustainable.
3. Notice returnable on 20.06.2014. In the meanwhile, the parties are directed to maintain status quo with regard to possession, construction and ownership of the suit property.
Direct Service is permitted today.
(G.R.UDHWANI, J.) rakesh/ Page 2 of 2