:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 11 OF 2008 IN SECOND APPEAL NO.420 OF 2008 Sandeep S. Karnawat and anr. ..Petitioner. Vs. Shri. Mahipal S. Jain and ors. ..Respondents. Ms. Gauri Godse for the Petitioner. Mr.V.N. Bolinjkar i/by K.K. Malpathak for the Respondent No.1. CORAM: R.S. MOHITE, J. DATE : 26th August,2008 P.C. P.C. P.C. 1. This is a review petition seeking review of my order dated 26.6.2008 dismissing the second appeal. It is sought to be contended that there was an observation in my order to the following effect. "record indicates that during the pendency of the suit by an unregistered MOU dated 13.10.1999 the original defendant Umesh Barai has sold development rights in favour of one M/s. Vastu Developers". It was contended that the said observation was factually incorrect as the said suit was filed on 24.12.1999, whereas, MOU was executed prior to the filing of the suit on 13.10.1999. Even assuming that, this being the position, it could make no :2: difference to the final result of dismissal of the second appeal. Admittedly the MOU is dated 13.10.1999 i.e. after suit agreement dated 10.12.1998. A reference was then made to Section 50 of the Indian Registration Act and it was contended that after unregistered MOU dated 13.10.1999 was executed in favour of Vastu Developers, Vastu Developers then entered into registered agreement. It was contended that in view of Section 50 of the Act, the registered document should prevail upon the unregistered agreement of sale. There is no substance in this contention. Vastu Developers themselves received whatever rights they have under unregistered MOU, they could never pass better rights and their rights themselves were subject to the earlier suit agreement dated 26.11.1998. In the circumstances, in my view, no case is made out for review as the review application has limited scope. Hence, review application is dismissed. (R.S. MOHITE, J.)