1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.1006 OF 2008 N.R. Shetty ..Plaintiff. Vs. Rubia Shariff ..Defendant. WITH SUIT NO.1005 OF 2008 Kiran Shetty ..Plaintiff. Vs. Rubia Shariff ..Defendant. .... Ms. J.M. Sidhwa with Mr. Mahesh Londhe i/b Sanjay Udeshi & Co. for the Plaintiff. Mr. J.B. Mishra for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th February, 2008. P.C. : Both the aforementioned suits have been instituted for a declaration that the alleged letter of surrender dated 21st October, 1995 annexed at Exhibit C to the Plaint in Suit No.7022 of 1995 instituted before the City Civil Court is forged and /or fabricated and for an injunction restraining the Defendant from in any manner acting upon or using the letter. The aforesaid suits have been transferred to this Court in pursuance of an order dated 16th 2 September, 2004 passed by a Learned Single Judge in Misc. Civil Applications 26 and 27 of 2002. When the suits have been called out, counsel appearing for the Defendant makes a statement that the Defendant does not rely on the letter dated 21st October, 1995 in view of the circumstance that the term of the leave and licence agreement dated 1st January, 1994 has expired on 30th June, 2001 and the First Defendant proposes to institute a suit in the Court of Small Causes under Section 41 of the Presidency Small Cause Courts Act, 1882 for the recovery of possession. Counsel appearing for the Plaintiff in both the suits states that a declaratory suit was instituted before the Small Causes Court being RAD Suit 795 of 2001 and upon the dismissal of that suit an appeal is pending before the Appellate Bench of the Small Causes Court. In view of the statement which has been made on behalf of the Defendant that the Defendant shall not reply upon the alleged letter of surrender dated 21st October, 1995 in any proceeding, Counsel appearing for the Plaintiff does not seek any further reliefs. The statement which has been made on behalf of the Defendant is accepted and that there shall be a decree in terms of the statement made before the Court. By consent, it is clarified, while disposing of the suits that the respective rights and contentions of the parties 3 in respect of the agreement dated 1st January, 1994 including those raised in the appeal arising out of the declaratory suit are kept open to be urged before the Court of competent jurisdiction.