The present application has been filed for the stay as prayed for in this application.
Learned counsel, Mr.Majmudar has pointedly referred to the observations in the impugned judgment contending that the findings are contrary to the evidence including the 'sammati karar' as only part payment has been made. He has also referred to the provisions of Section 53A of the Transfer of Property Act read with Section 17(1)(a) of the Registration Act to support his contention that unless such document is registered as required under the Registration Act, no reliance could have been placed and, therefore, the transaction is void.
Per contra, learned counsel, Mr.Pandya has stated that he would file reply. He has also stated referring to other details that the payment may be made with interest.
In view of the above, matter requires a detailed hearing with regard to the interpretation of the sammati patrak in light of the specific provisions of the Registration Act read with Section 53 of the Transfer of Property Act. Sammati patrak on the basis of which the transaction has been made is also required to be interpreted as the privity of the contract is not between the present appellant and the original plaintiff.
In the circumstances, status quo is ordered to be maintained by both the parties with regard to the property in question till final hearing of the main First Appeal. Civil Application stands allowed accordingly.
(RAJESH H.SHUKLA, J.) /patil Top