AO. 542-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 542 OF 2011 Arvind Ramchandra Tapole ... Appellant Vs. Municipal Corporation of Gr. Mumbai & Anr.... Respondents *** Ms. Sandhya A. Mailagir, for the Appellant. *** CORAM : Smt. R. S. DALVI, J. DATE : AUGUST 20, 2011 PC. 1. The main contest is between the two brothers. The suit property was a tenanted premises of the respondent Corporation. The tenancy was in the name of father of the parties Ramchandra Tapole. He expired on 13-3-1986. The tenancy is transferred to one of his sons on 10-5-1986 i.e. within two months of the date of death of the deceased tenant. 2. It is contended that tenancy has been transferred during the life time of the father and therefore, affidavit signed before the Metropolitan Magistrate by the father is produced. An application for transfer is shown to be made by respondent No.2 on 15-6-1985, before the death of the father, consequent upon the affidavit. The affidavit is not a registered document. The signature on the affidavit prima-facie appears to be of a AO. 542-11 - 2 - shaky hand. Whether the father meant to state whatever was stated in the affidavit, would have to be proved by the son who has got the tenancy transferred to his name. 3. To see whether the transfer was validly effected with the intention of the tenant himself, evidence will be required. Pending that evidence, third party rights cannot be created. Hence, the impugned order requires re-consideration and the interim reliefs prayed for in the Notice of Motion, taken out by the plaintiff in the suit deserves to be granted. Respondent No.2/ defendant No.2 in the suit along with his son are present before the Court. They state that they have no intention to create any third party rights or sell or transfer or encumber the suit property. Hence, it is ordered that respondent No. 2 shall not sell, or transfer or encumber or otherwise create any third party rights in the suit properties until the trial of the suit. . Appeal is disposed of in the aforesaid terms. Sd/- [ Smt. R. S. DALVI, J. ]