1 nms2805.06.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2805 OF 2006 IN SUIT NO. 2418 OF 2006 Ramankumar Babunarayan Jha ..Plaintiff Vs. Kishor Dhondu Chavan & Ors. ..Defendant. Mr. R.C. Kaushik for the Plaintiff. None for the Defendants. CORAM : A.A. SAYED, J. DATE : 14TH JANUARY , 2011. P.C. 1. The plaintiff has filed the above suit under Section 6 of Specific Relief Act, 1963, alleging that he has been dispossessed by the defendant No.1 from the suit garage. The suit garage is described as commercial premises admeasring 30 X 80 sq. feet constructed by iron patra and wooden pillars at Chavan Chawl, Kajupada, Gamdevi Road, Poisar, Kandivali (East) Mumbai- 400 401. 2. It is the plaintiff's case that he was in possession and in occupation of the suit garage from 26th August, 1991 to 11th June, 2006. The plaintiff relies upon the tenancy agreement dated 26th August, 1991 between Shri 2 nms2805.06.sxw Ashok Dhondu Chavan and him. The said Ashok Chavan is stated to be the brother of the defendant No.1. The plaintiff has also relied upon an agreement of ownership. According to the plaintiff, he has purchased the suit garage thereafter, as per the said agreement dated 27th December, 2005 between Ashok Dhondu Chavan and him. The plaintiff has also relied upon the vouchers, in which according to him, the address of the suit garage is shown. 3. In the Notice of Motion, the plaintiff is seeking the relief that pending the suit, the defendants be restrained from parting with possession, creating 3rd party rights in the suit garage. There is also a prayer for appointment of Court Receiver. 4. None appears on behalf of the defendants. 5. Having heard learned Counsel for the plaintiff, in my view, no prima facie case has been made out to grant any relief in the notice of motion. Admittedly, the suit garage is demolished and not in existence. The documents produced by the plaintiff also prima facie do not establish the identity or possession of the plaintiff of the alleged suit garage. The Agreements are not registered, as is conceded by the learned Counsel for the plaintiff. 6. Hence, notice of motion is rejected. No order as to costs. ( A.A. SAYED, J. )