1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 46 OF 2010 ALONG WITH CIVIL APPLICATION NO. 69 OF 2010 Rakesh Brijlal Jain ... Appellant v/s Municipal Corpn. Of Gr. Mumbai & ors. ... Respondents Mr.P.S.Dani for the appellant. CORAM: SMT.NISHITA MHATRE, J. DATED: 20TH JANUARY, 2010 P.C.: 1. The appeal has been preferred against the order passed by the Trial Court on 1.12.2009. By this order the Trial Court has dismissed the notice of motion preferred by the appellant. 2. The appellant had claimed that he had entered into an agreement with the father of defendant Nos.2 and 3 by which the latter agreed to sell the suit property to the appellant. The appellant also claimed that the terms for the sale were 2 agreed by the parties and that he paid a sum of Rs. One lac by cheque. 3. The City Civil Court has found that there was no material on record to establish the appellant’s case apart from the bank’s statement and the letter which he claimed was sent to the appellant’s father. 4. The City Civil Court has rightly observed that this letter has not been acknowledged by the father of defendant Nos.2 and 3 and, therefore, it cannot be accepted as being a basis for a term for any agreement between the parties for the sale of the suit property. 5. The appeal from order stands dismissed along with the civil application. 6. The observations of the Trial Court as well as those made by this Court are prima facie. ..... 3