Mr. Ramling Narshappa Deshmane v. The State Of Maharashtra And ORS

ash wp-9789.14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9789 OF 2014 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Anand Mishra i/by Shri A.M. Saraogi for the Petitioner. - CORAM :

A.S. OKA & REVATI MOHITE DERE, JJ DATED : 11TH JUNE 2015 P.C.:

.

Heard learned senior counsel appearing for the Petitioner. The Petitioner is claiming to be a Lessee in possession of the flat subject matter of this Petition. He claims to have subsequently purchased the flat in question under an Agreement for Sale. The objection of the Petitioner is to the action of issuing the tax receipts in respect of the said flat in the name of the third Respondent. The contention of the Petitioner is that the third Respondent has no right, title or interest in respect of the said flat.

ash wp-9789.14 2.

Thus, the dispute is between the Petitioner and the third Respondent as regards the title to the said flat.

3.

Even if a receipt of payment of the property tax is issued in the name of the third Respondent, the same will not in any manner affect the issue of title.

4.

Therefore, it is for the Petitioner to establish his title by filing appropriate proceedings before the appropriate Court and thereafter move the second Respondent.

5.

Subject to what is observed above, the Petition is disposed of.

(REVATI MOHITE DERE, J) (A.S.OKA, J)