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1994 DIGILAW 65 (GUJ)

INIYATBHAI ABDULBHAI VOHRA v. GUJARAT STATE ROAD TRANSPORT CORPORATION

1994-03-01

C.V.JANI

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C. V. JANI, J. ( 1 ) THE applicant who claims to be the owner of the Motor Vehicle which sustained damage in a Motor accident has challenged the order of the learned M. A. C. T (Main) Nadiad rejecting his application exh. 25 to exhibit document marked 16 containing the agreement to sell the vehicle in his favour. ( 2 ) THE learned Judge rejected the application on the ground that the agreement to sell could not be exhibited unless no objection certificate for the transfer of the vehicle is produced. This approach being obviously erroneous the revision application was admitted on 15-2-94 and Rule was made returnable on 24-2-94. Mr. S. N. Shelat learned Advocate appears for the opponent Corporation. ( 3 ) IT is obvious that the reason advanced by the Tribunal for not exhibiting the document marked 16 is not warranted by any provision of law. The motor vehicle which came into possession of the applicant-claimant by virtue of the document marked 16/15 cannot be said to be immovable property and so the provision of the Registration Act would not be applicable. Hence the provision of section 49 of the Registration Act would not be applicable and such a document can be received as evidence if it is duly proved. The Tribunal has held that the agreement marked 16/15 cannot be exhibited unless no objection certificate for transfer of the vehicle is produced. Such no-objection certificate may be required under section 31 of the Motor vehicles Act which prescribes the formalities to be complied with before the vehicle is registered in the name of the purchaser but that provision is not relevant for deciding the admissibility of the document. ( 4 ) THE revision application is therefore allowed. The order passed by the M. A. C. T. (Main) Nadiad below application exh. 25 in M. A. C. P. No. 1070 is hereby set aside. The document marked 16 will be exhibited if it is duly proved. This court does not want to express any opinion as to whether there is a valid transfer of the motor vehicle before registration so as to give a right to the transferee to claim compensation for damage to the vehicle. Such question would be decided by the Tribunal in accordance with law. ( 5 ) RULE is made absolute accordingly with no order as to costs. Rule Made Absolute. .