1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO. 1288 OF 2007 IN EXECUTION APPLICATION NO.96 OF 2006 IN SUMMARY SUIT NO.2218 OF 2000 Shri Haji Agha Usman. ...Plaintiff. Vs. Smt.Noor Jehan Ansari @ Addo & Anr. ...Defendants. .... Mr. Suresh Dubey i/b. J.S. Kinifor the Plaintiff. Mr. M.D. Mali for the Defendants. ..... CORAM : DR.D.Y.CHANDRACHUD, J. June 22, 2009. P.C. An attachment has been levied pursuant to the warrant of attachment dated 5th July 2007 in Execution Application 96 of 2006. The premises concerned comprise of Room No.3 at Charli Compound, Kolivery Village, Santacruz (East), Mumbai. In the affidavit in support of the Chamber Summons, which has been filed by the First Defendant, it has been stated that the room in question, is not of the 2 ownership of the First Defendant, but constitute tenanted premises of which the First Defendant is the tenant. A copy of the rent receipt is annexed as Exhibit-A to the affidavit in support. In the affidavit in reply that has been filed by the Plaintiff, it has been admitted in paragraph 2 that the entire Chawl, which is known as “Charli Chawl”, is owned by Mrs.Brizit Charle Montero, who is the mother of the Defendant. If that be so, it is evident from the contents of the affidavit in reply itself that the room in question is not of the ownership of the First Defendant, but that the title vests in her mother. The question as to whether the rent receipt which is annexed at Exhibit-A to the affidavit in support of the Chamber Summons is or is not a genuine document, would thus be of a secondary importance since from the admission of the Plaintiff in affidavit in reply, it is evident that the title to the room in question, does not vest in the First Defendant. The fact that it is a residential room is not disputed. In these circumstances, the Chamber Summons is required 3 to be allowed. The Chamber Summons is made absolute in terms of prayer clause (a). .......