- (1.) Respondent No. 5 is the wife of respondent No. 4. Both are said to be the residents of Florida, USA. It is asserted by all the parties to the present proceedings that the property in dispute, a flat in Amar Jyoti Cooperative Society, 28-C, Ridge Road, Malabar Hills, Mumbai, is owned by respondents 4 and 5 (hereinafter referred to as the property in dispute).
(2.) The petitioner claims that he entered into an agreement dated 6 th May, 1989 styled as "Leave and License" Agreement by which the respondents 4 and 5 agreed to lease the property in dispute to the petitioner.
(3.) Admittedly, the petitioner was not put in possession of the property in dispute immediately on the execution of the abovementioned agreement. As regards the possession of the petitioner, it is stated by the petitioner in Writ Petition No. 1747/2009 from out of which the instant appeal arises as follows: "At the time of execution of the said Agreement, the Respondent Nos. 4 & 5 informed the Petitioner that they intended to go to U. S. A. for an extended visit and they needed some time to make the necessary arrangements mainly for their furniture and articles. The Respondent Nos. 4 and 5, therefore, requested the Petitioner to allow them some time to do so before they would hand over the physical possession of the said premises. The Petitioner agreed to this, as he was helpless in the matter. Apparently, the Respondent Nos. 4 & 5 delayed their arrangements. Finally on or about 2 nd February, 1990, the Petitioner was informed by one Yogesh M. Kamani and one Madhubai A. Gandhi, both the brothers-in-law of the Respondent No. 4 that the Respondent Nos. 4 & 5 had removed their articles and the keys which were with them. They suggested that the Petitioner take the keys and take over the possession of the said premises. These two persons were known to the Petitioner and had been introduced to him by the Defendant No. 4. They also told Petitioner that they were holding authority from the Respondent Nos. 4 & 5 and that the Respondent Nos. 4 & 5 had left for U. S. A. the previous day but had done so hurriedly and therefore had not contacted the Petitioner before their departure. Accordingly on 23 rd February 1990, they gave the keys of the flat to the Petitioner and the Petitioner shifted into the said premises with his family and articles and continues to reside there and be in exclusive possession, enjoyment, use and occupation thereof till today. ";