NITIN GUNWANT SHAH Vs. INDIAN BANK

JUDGEMENT

(1.) Respondent No. 5 is the wife of respondent No. 4. Both are said to be the residents of Florida, USA. It is asserted by all the parties to the present proceedings that the property in dispute, a flat in Amar Jyoti Cooperative Society, 28-C, Ridge Road, Malabar Hills, Mumbai, is owned by respondents 4 and 5 (hereinafter referred to as the property in dispute).

(2.) The petitioner claims that he entered into an agreement dated 6 th May, 1989 styled as "Leave and License" Agreement by which the respondents 4 and 5 agreed to lease the property in dispute to the petitioner.

(3.) Admittedly, the petitioner was not put in possession of the property in dispute immediately on the execution of the abovementioned agreement. As regards the possession of the petitioner, it is stated by the petitioner in Writ Petition No. 1747/2009 from out of which the instant appeal arises as follows: