The High Court dismissed an appeal challenging the Single Judge's decision to decline ad-interim relief. The Court held that an unregistered lease does not confer rights, and thus, no relief could be granted.
None
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1 of 2 APP.776.2011
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.776 OF 2011 IN
NOTICE OF MOTION NO.2650 OF 2011 IN SUIT NO.2211 OF 2011
Murji Ranshi Chheda & others
Appellants
versus
Viral Hotel and Theaters Pvt.Ltd. and others
Respondents
Mr.Shailesh Shah, Sr.Advocate with Ms.Mamta Sadh and Mr.Sudhakar G. Lakhani for Appellants.
Mr.Bipin Joshi for Respondents 1 to 4.
Mr.Vinay Sanglikar i/by Divya Shah Associates for Respondent no.6.
Mr.Virag Tulzapurkar, Sr.Advocate with Mr.Simil Purohit i/by Wadia, Ghandy & Co. for Respondent no.8.
CORAM : DR.D.Y.CHANDRACHUD
AND A.A.SAYED, JJ.
DATE : 30 August 2012
PC :
2 of 2 APP.776.2011
was entered into on 18 December 1992 between Defendants 1 to 4 and the Plaintiffs-Appellants. An agreement to sell was executed on 16 September 1993. Significantly, the Appellants do not assert a claim on the basis of agreement to sell of 16 September 1993. The claim in the suit is based on the rights which the Appellants allegedly claim to have accrued under the lease. Now, the lease was executed by the Appellants on their behalf and as constituted attorney for Defendants 1 to 4 and Defendants 5 and 6 respectively. Ex facie, the indenture of lease has not been registered. What has been registered is a deed of confirmation executed in 2007 to which the deed of lease was annexed. The endorsement of the registering authority on the annexure to the deed of confirmation is that the lease has not been registered.
(DR.D.Y.CHANDRACHUD, J.)
(A.A.SAYED, J.)
MST
2 issues framed by the court
Whether the Single Judge erred in declining ad-interim relief on the basis that the appellant cannot enforce an unregistered lease.
Whether ad-interim relief can be granted where the underlying lease has not been registered.
Murji Ranshi Chheda & others
Viral Hotel and Theaters Pvt.Ltd. and others
DR D Y CHANDRACHUD
AA SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
