IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2911 OF 2008 IN FIRST APPEAL NO.1056 OF 2002 Mr.Sajid Ahmed M.Amin Ansari )..Applicant Versus Moinuddin s/o Shukrulla & Ors. )..Respondents ---- Mr.Vijay Patil i/by V.Y.Jadhav for the applicant. Mr.C.G.Gavnekar for respondents. Mr.R.V.Bansode for the respondents. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 24.6.2008 PC 1. This is an application filed by one Mr.Sajid Ahmed Mohammed Ansari who claims to have purchased the suit premises from the original defendant. The so-called document of title is annexed at Exhibit-2. On plain reading, it is seen that the Exhibit-2 is the unregistered document which cannot pass any title. It is contended that some premium has been paid to the Corporation. Mere payment of premium would not give any title. Apart from this the document of title which is an affidavit does not mention any consideration paid to the defendant. It is seen that amount of Rs.1,20,000/- is said to have been paid to the Corporation on 1.3.2007 towards transfer fees. It is seen from the record that the First Appeal was admitted on 23.7.2002 and Court Receiver was appointed on 8.10.2004. It is contended on behalf of the applicant that the : 2 : conditional order was passed in the First Appeal on 5.9.2006 and therefore, the First Appeal was not alive when he purchased the premises. I however, find from the record that there is no valid purchase in the eyes of law. The original defendant has given up his interest by executing document and no submission is made on their behalf today. In such circumstances, since the property is now sealed, it would be just and proper that the appellant (original plaintiff) is put in possession of the said property as an agent of the Receiver without security or royalty subject to his depositing amount of Rs.1,20,000/- to secure interest of the applicant. This would secure the monies which are paid to the Corporation. The appellant shall also execute formal agency agreement with the Court Receiver before taking possession. The present applicant is also made a party respondent in the First Appeal. It is made clear that though Civil Application being disposed off, this arrangement will not affect the rights and contentions of the present applicant in so far as merits of the case are concerned. It is made clear that the appellant will not part with the possession of the suit premises or any part thereof. The amount of Rs.1,20,000/- shall be deposited with the Court Receiver within a period of three weeks from today. Application stands disposed off. : 3 : (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)