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MILIND N. JADHAV
Afsar Ali Sajjad Shah – Appellant
Versus
Shera Ali Sajjad Ali Shah – Respondent
JUDGMENT :
Milind N. Jadhav, J.
This Writ Petition takes exception to twin orders dated 05.01.2023 passed by the learned Trial Court in Special Civil Suit No.296 of 2021 and order dated 31.10.2023 by the learned District Court in Misc. Civil Appeal (MCA) No.33 of 2023. Petitioner is Plaintiff before Trial Court. Defendant is his real brother. Plaintiff filed Suit bearing No.296 of 2021 before the Trial Court seeking declaration that Defendant has no right in the Suit flat being Flat No.204 situated in Jasmin Green Park, Survey No.119, Hissa No.2A, 2B and 3 of Village Shil, Taluka and District Thane and for possession.
2. Briefly stated, Plaintiff and Defendant both purchased two flats namely; Flat No.204 and Flat No.203 in their respective names by separate registered Agreements on the same date in August 2020. Both flats were purchased from the same vendor namely Ms. Savista Bano and Ali Jarrar Siddiqui. It is Plaintiff's case that vendor put the Plaintiff and the Defendant in possession of the two flats separately.
2.1. Thereafter, Plaintiff has averred that Defendant approached him and took the key of Flat No.204 to verify the area and promised to return the key, but did not do so a
The appointment of a Court Receiver without trial is unjustified when possession is disputed and prima facie evidence is lacking.
The court ruled that a trial court may appoint a receiver in a suit for injunction to prevent potential chaos, especially when possession claims are contested, without requiring a specific applicatio....
The main legal point established in the judgment is the need to balance the legal principles regarding the appointment of a receiver, permissive possession, and the circumstances under which possessi....
The validity of a registered gift deed remains intact until challenged; possession claims must be supported by substantial evidence rather than mere assertions.
Possession linked to an Agreement for Sale negates the Competent Authority's jurisdiction under the Rent Control Act for eviction proceedings.
The validity and evidentiary value of unregistered agreements and registered sale deeds in determining possession and ownership of property.
Defendants' unauthorized occupation of property post-termination of license leads to entitlement of the plaintiff for recovery of possession and constitutes grounds for inquiry into mesne profits.
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