Indermeet Kaur, J. (Oral)

1. This appeal has impugned the order dated 05.4.2006 passed by the Thareja Committee (appointed under the order of this Court dated 22.7.2004) vide which in view of the documentary evidence adduced by the appellant (Rohitasha Movies through its proprietor Mr.Suresh K. Grover) a finding had been returned that the appellant has failed to establish his title to the immovable properties; his claim should be rejected. The relevant extract of the Thareja Committee is reproduced hereinafter as under:

"The alleged Memorandum of Understanding is alleged to be between JVG Group of Companies and M/s Rohitasha Movies represented by sole Proprietor, the Respondent. There is no seal of the company on this document although at the end the document describes "signed, seated and delivered by the within named company M/s JVG Group of Companies of companies in presence of ..................." JVG Group of Companies is no person in the eyes of law to transfer or agree to transfer the flats as is claimed by the Respondent. Even according to V.K. Sharma the flats were acquired from M/s J C Constructions Company in the name of JVG Finance Ltd. Therefore if at all there can be any transfer of any property or the flat in question it can be by M/s JVG Finance Ltd alone represented by its Board of Directors and the seal of the company M/s JVG Finance Limited.

There is no seal. Alleged signatures of Sh. V.K. Sharma and also of Respondent are of no consequence. A copy of the Agreement to Sell has also been submitted which is allegedly executed between the Respondent and Mrs Priya Suresh Grover. This document states that Sh. Suresh Grover has agreed to transfer the property and the purchaser Mrs. Priya Suresh Grover has agreed to purchase the property against certain liabilities payable to the seller. Nothing in the document has been shown what is the liability. The amount of the liability has not been mentioned. In the document it is stated that professional charges in respect of Hindi Feature Film "Mukka" which is treated therein as the full and final consideration against the said flat and there is no liability. According to the document the peaceful vacant possession of the flat has been delivered to Priya Grover on the other conditions in the document and in the form of no objection.

This document too is not registered with any authority. Lastly an electricity bill of BSES Ltd of 15.10.2001 was submitted. The Bill is in the name of Mrs Priya Grover.

From the documents assuming they are genuine, the Respondent has left no interest in the property vis-a-vis flat No. 302, Panchamrut, Off Yari Road, Varsova, Andheri, Mumbai. It is Priya Grover who can have some interest. A statement of account of Bank of Punjab is on record. According to the statement a sum of Rs. 50.00 Lacs has been credited in the account of Rohitasha Movies by clearing ZN OC/SET/25 on 25.6.96. This entry the Respondent claims pertains to M/s JVG Group of Industries. There is no material on record to suggest this as per the statement received from the Bank. Certainly, the Hand Bill indicates that advertisement "JVG presents Suresh Grover's Dhall" have been attached alongwith audio cassette and CD of film Dhaal. If what is stated is correct, then it is a business transaction. There is no material to show that such transaction was entered actually. No Income Tax record or record of other agencies is produced to show the genuineness of what is claimed by the Respondent. Even record that Rohitasha movies is propship concern as claimed is established.

The documents on which reliance is placed by the Respondent have not been executed in accordance with law nor the documents show the consideration for which the flat in question was agreed to be transferred. A Memorandum of Understanding is of no consequence in the matter of transfer of immovable property. An immovable property can be transferred in accordance with the Registration Act and Stamp Act. The agreement that too