Dismissed¶¶16

Raju @ Rajesh S/O Haribhau Bhoyar v. Smt. Shantabai W/O Sakharamji Pradhan and Others

Bombay HC3 Oct 2025SA/235/2025

Case brief

AI extract

What is this about?

Bombay High Court, Nagpur Bench; Second Appeal No.235 of 2025; decided 03.10.2025 by Rohit W. Joshi, J.; Raju @ Rajesh s/o. Haribhau Bhoyar (appellant) v. Smt. Shantabai w/o. Sakharamji Pradhan and ors. Keywords: suit for possession; unregistered relinquishment deed; no registered sale deed; letter of possession; derivative title claims through plaintiff; no substantial question of law; second appeal dismissed; no order as to costs. Advocate: Mr. A. A. Pannase for appellant. No statutes or precedents cited in the judgment text.

What did the court decide?

Since the relinquishment deed is an unregistered document, it cannot have the effect of transferring title over the suit property from respondent No.1 to respondent No.2. ¶¶13

Raju @ Rajesh S/O Haribhau Bhoyar Vs Smt. Shantabai W/O Sakharamji Pradhan and Others — Bombay HC (2025) — LawSathi Research

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2025:BHC-NAG:10293

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Sa 235.25.odt

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

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SECOND APPEAL NO.235 OF 2025

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Raju @ Rajesh s/o. Haribhau Bhoyar Vs. Smt. Shantabai w/o. Sakharamji Pradhan and ors

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. A. A. Pannase, Advocate for appellant.

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CORAM : ROHIT W. JOSHI, J. DATE : 03.10.2025.

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. The respondent No.1 who is the original plaintiff had filed a suit for possession with respect to suit property against the present appellant, respondent Nos.2 and 3 herein. The present appellant opposed the suit claiming to have purchased the suit property from respondent No.2.

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It is the case of appellant and respondent No.2 that the respondent No. 1 (plaintiff) had relinquished the suit property in favour of respondent No.2 and that the appellant purchased the same from respondent No.2.

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It is undisptued that the alleged relinquishment deed is an unregistered document and further that, there is no sale deed executed by respondent No.2 in favour of the present appellant.

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Since the relinquishment deed is an unregistered document it cannot have the effect of transferring the title over the suit property vested with the respondent No.1 to respondent No.2.

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2 14. Sa 235.25.odt

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Likewise, since the respondent No.2 and present appellant are claiming through the respondent No.1 (plaintiff) her title over the suit property also cannot be disputed. Moreover, the present appellant does not have any registered Sale Deed or other title document in his favour except for a letter of possession.

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In that view of the matter, in the considered opinion of this Court, both Courts have rightly decreed the suit for possession filed by the respondent No.1. No substantial question of law arises for consideration. Therefore, the second appeal stands dismissed. No order as to costs.

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(ROHIT W. JOSHI, J.)

¶18

Tanmay...

Raju @ Rajesh S/O Haribhau Bhoyar v. Smt. Shantabai W/O Sakharamji Pradhan and Others

Case brief

What is this about?

What did the court decide?

Raju @ Rajesh S/O Haribhau Bhoyar v. Smt. Shantabai W/O Sakharamji Pradhan and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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