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G. S. PATEL, KAMAL KHATA
Kesar Corporation – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGMENT :
GS Patel, J.
1. We believe the matter is fully covered by our recent decision in Prabhat Sadan Properties Private Limited v Municipal Corporation of Greater Mumbai and Others, 2023 SCC OnLine Bom 1764.
2. Mr Deshmukh on behalf of the Municipal Corporation of Greater Mumbai (“MCGM”) believes there are points of distinction. We will therefore address the facts to the extent necessary.
3. We are concerned here with a leasehold Plot No 62 of the Dadar Matunga Estate (South). It is of 1015.88 sq mts. There is or was a building on the plot called “Dattashram” and a society by the same name.
4. The original lessee was one Shekhar Moreshwar Kirtikar. He had a registered Indenture of Lease of 23rd August 1950.
5. On 23rd August 1971, Kirtikar entered into a Deed of Assignment with Shanoor Begum Gulam Mohiddin Alias Papamiya, Kulsum Abdul Latis Shaikh and Khairunnisa Allabux Shaikh in respect of the entirety of this lease.
6. On 17th April 1980, Shanoor Begum and others assigned this property to Troika Construction Company (“Troika”), now joined as the 2nd Petitioner.
7. On 29th April 1981, Shanoor Begum and others executed a formal Deed of Assignment of this property with Troika. The doc
The main legal point established in the judgment is that the effective date of a registered document relates back to the time of execution, as interpreted under Section 47 of the Registration Act, 19....
The court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
Prohibition for assignment of these lands under the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 is not attracted to the said land since the alienations were made by the ex-servicemen more....
The court emphasized that disputed property title claims necessitate resolution through civil litigation, particularly when claims are based on unregistered consent decrees, thereby dismissing the wr....
Registering authority cannot refuse sale deed registration citing fragmentation, red zone, or lack of permissions under other laws; powers limited under Sections 34-35 to execution and identity verif....
The court established that acceptance of delayed payments by the State constituted a deemed extension of time for contract performance, reinforcing the obligation to execute lease deeds.
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