1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO. 1286 OF 2007 IN SUIT NO. 958 OF 2007 Terance Rosozavier D'Cruz ...Plaintiff Vs. Mrs. Annie Peter Gomes alias Annie Bastyav D'lima & Anr. ...Defendants Mr.Khan Javed Akhtar for Plaintiff CORAM: SMT.ROSHAN DALVI, J. DATED: 16 TH MARCH , 2009 P.C. 1. The Plaintiff claims to have entered into an agreement with the Defendant No.1 on 5th October 2006 for sale of the suit property owned by the Defendant No.1. The Defendant No.2 is her son. Under the agreement the Plaintiff had made part payment earlier by cheque. The Plaintiff had issued further postdated cheques. The Plaintiff was put in possession. 2. It is the Plaintiff's case that the Defendant No.2 has threatened dispossession and has challenged the agreement. The Plaintiff must show payment of consideration and 2 the factum of possession. The Plaintiff has produced bank pass books of Karnataka Bank Ltd., and Oriental Bank of Commerce. The first entry of payment of Rs.40,000/- is dated 23 rd September 2006 as shown in the agreement. Second entry of payment is on 28 th October 2006 for Rs.25,000/- . The third entry of payment is on 16 th November 2006 for Rs.25,000/- . Further postdated cheques have not been cleared, hence there are no entries. The Plaintiff has paid Rs.90,000/- towards the entire consideration of Rs.2,00,000 /- . 3. The Plaintiff was put in possession as shown in the agreement. The receipt of the first payment of Rs.40,000/- is separately made and signed by the Defendant No.1. 4. The Plaintiff was put in possession. The Plaintiff applied for water connection to the M.M.C on 12 th January 2007. The first bill of 16 th January 2007 is issued in the Plaintiff's name. 5. One Anju Kiran was initially in possession. The Plaintiff applied for the Electricity connection in his name from Reliance Energy. The Plaintiff has been issued the first bill on 7 th December 2006 under Account No.150390321 at the suit address. 3 6. The Plaintiff applied for telephone connection of MTNL for the commercial premises of the Plaintiff from which the Plaintiff carries on business at the suit premises. The application is made on 16 th March 2007. Telephone bills thereafter have been issued. 7. The Plaintiff filed this suit on 28 th March 2007. The Plaintiff has in terms applied for specific performance of the agreement, but essentially for protection of his possession. The Plaintiff's possession primafacie is a small plot consisting a small structure in which he carries on business and an open space. 8. The Writ of summons has been served on 2nd November 2007, which is received by the Grand Son of the Defendant No.1 and the son of Defendant No.2. This Notice of Motion was served through courier. On the Court's direction the Plaintiff has informed the Defendants again of the hearing for urgent reliefs. The Defendants have not appeared to dispute the Plaintiff's claim. The Plaintiff's possession is required to be protected. 9. The Defendants shall not dispossess the Plaintiff from the suit property or in any manner dispute the Plaintiff's 4 possession. 10. Notice of Motion is disposed of accordingly. (SMT. ROSHAN DALVI, J.)