1 app633.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 633 OF 2011 IN NOTICE OF MOTION NO. 292 OF 2007 IN SUIT NO. 3320 OF 2006 WITH NOTICE OF MOTION NO. 2811 OF 2011 IN APPEAL NO. 633 OF 2011 IN NOTICE OF MOTION NO. 292 OF 2007 IN SUIT NO. 3320 OF 2006 Husain Taherali Changi ....Appellant. Vs. Muzaffar Fakhruddin Tinwala ...Respondents. Mr. Shamim i/by M/s. Shamim & Co. for the Appellant. None for the Respondents. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 17 OCTOBER, 2011. P.C. :- This is an Appeal filed by the original Plaintiff challenging the order passed by the learned Single Judge declining to make any interim order in favour of the Plaintiff. The Plaintiff has filed the Suit 2 app633.11.sxw ssm for a decree of declaration that he is the owner of the flat. He is claiming that decree of declaration on the basis of the agreement dated 1 October 2005. Perusal of that agreement shows that by that agreement J.K. Enterprises with whom the Plaintiff entered into the agreement have agreed “Subject to the Prospective Tenant complying with the provisions of these presents the Developers hereby agrees to let out the Prospective Tenant and the Prospective Tenant agrees to take on tenancy the flat being Flat No. 601.” The Prospective tenant referred to in the above term is the Appellant. Therefore, on the basis of this document, the Appellant can never get a declaration that he is the owner of the flat. Therefore, it is obvious that the Appellant does not have any case much less a strong prima facie case. The Appeal is therefore, rejected. There shall be no order as to costs. 2 The Notice of Motion No. 2811 of 2011 is also disposed of. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)