The judgment emphasizes the mandatory nature of Section 4 of the Maharashtra Ownership Flats Act 1963 and the need for registration of agreements. It also clarifies the entitlements and restraints related to property rights, amenities, and parking spaces.

1. The plaintiff claims ownership rights over the larger property in which the suit property is situated from one Muktaben Sanghavi. The defendants claim their rights in respect of suit property which is Unit No.1-C admeasuring 976 sq. ft from Muktaben Sanghvi. Muktaben Sanghvi has executed a conveyance of her entire property in favour of one Mehta and Kanakiya on 2nd January, 1997, Exhibit-G to the plaint. Mehta and Kanakiya have conveyed the suit property to the plaintiff on 31st October, 2002 Exhibit-A to the plaint.

2. The entire property of Muktaben Sanghvi consisted of a plot of land with two structures thereon being Shed–I and Shed–II and an open space in between and surrounding the two sheds surrounded by a compound wall. Part of the property has gone in road widening from where the compound wall has been demolished. Part of shed-I has also gone in road widening. That part has yet not been demolished.

3. Shed–I consisted of about 12 galas. They are tenanted to different persons. This suit is concerned with unit / gala No.1C admeasuring 976 sq. ft.

4. Defendant No.3 (D3) was the tenant of Muktaben Sanghavi in respect of unit / gala No.1-C. Muktaben Sanghavi executed an unregistered agreement with D3 to convert the tenancy rights of D3 into ownership rights in respect of unit / gala No.1-C upon payment of rent of 150 months on 14th September, 1987, Exhibit-D to the plaint. D3 became the owner of unit / gala No.1C accordingly. D3 created a tenancy in favour of defendant Nos. 1 and 2 (Ds 1 & 2) in respect of unit / gala No.1C on 15th May, 1991. D3 entered into an unregistered agreement with Ds. 1 & 2 to convert that tenancy of unit / gala No.1-C in favour of Ds 1 & 2 on 31st August, 1992, Exhibit-E to the plaint. Ds. 1 & 2 unilaterally executed a confirmation deed to register that unregistered agreement on 10th November, 2005, Exhibit-F to the plaint.

5. The aforesaid transfer of the entire plot of land of Muktaben Sanghavi and of one of the tenants in one of the sheds of Muktaben Sanghavi in favour of the plaintiff on one hand and in favour of Ds. 1 & 2 on the other can be best illustrated as below:

MuktabenSanghavi

_____________|__________________

Muktaben – Mehta & Kanakiya

Muktaben to D3

14/09/1987

Exhibit-

Exhibit-D

Mehta Kanakiya – Plaintiff D3 Ds 1 & 2

31/10/2002

31/08/1992

Exhibit-A

Exhibit-E

Confirmation of D1 & D2

10/11/2005

Exhibit-F

6. Both parties, therefore, claim their respective rights from one common owner, Muktaben Sanghavi. The plaintiff claims ownership rights of the entire plot of land of Muktaben under the registered conveyance dated 31st October, 2002, Exhibit-A. Ds 1 & 2 also, surprisingly, claim ownership rights to the entire plot of land of Muktaben under an unregistered agreement dated 31st August 1992 Exhibit-E.

7. Both the documents relied upon by the parties would constitute transfer of the right, title and interest of Muktaben to them. For relying upon those documents through which both of them claim to be transferred the right, title and interest of the entire plot of land of Muktaben, it is plain to see, that their respective documents must be registered as per the mandate under Section 17(1)(b) of the Registration Act, 1908 for creation of the right of ownership in them and for transfer of the ownership rights of Muktaben to them.

8. The plaintiff has sued for a declaration that Ds 1 & 2 have no right, title and interest to remain in use and occupation of unit / gala No.1-C admeasuring 976 sq. ft, and for recovery of possession of the said unit from them as also for removal of certain unauthorised construction by them and for the relief of various injunctions restraining them from entering upon the larger property or parking their vehicles thereon or preventing the plaintiff free access to the open spaces on the suit plot of land, interfering with their construction of compound wall, 2 galas / units and a security cabin, for certain damages, access etc.

9. The above notice of motion is for the relief