From:

Mr. Inderjeet Singh Chadha

@ Supremo Chadha,
Pritika Apartment, 301, 302,
3rd Floor, Saraswati Road, Santacruz
(West), Mumbai-400 054.

Date: 28.10.2013

To,

The Senior Inspector of Police,

In-charge of Khar Police Station
Khar (West), Mumbai

Sir,

Ref.: Intimation regarding registered leave

and license agreement dated 23.10.2013

The undersigned being Licensor have entered into an Leave

and License Agreement dated 23.10.2013 with Mr. Keshav K.

Mohile, being the Licensee respect of Hotel Amardeep situated at

12/A, Evergreen Building, First Floor, Guru Govind Singh Marg,

Third Road, Khar (West), Mumbai-400 052 ground + 1 st floor

premises for a temporary period of 1 year with effect from

1.8.2013 on such terms and conditions as set out in the said

registered Leave and License Agreement dated 23.10.2013.

The undersigned is given aforesaid intimation for your

information and record.

Yours truly,

Encl.: As above.

(Inderjeet Singh Chadha

@ Supremo Chadha)
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1. Amardeep Sujansingh Chadha )

Aged 67 years, Occupation: Business, )

Residing at 12/1, Gurugovindsingh Marg, )

3rd cross road, Khar (West), )

Mumbai-400 052. )

2. Smt. Gogi w/o. Tarvinder Singh Keer )

@ Daljeet Kaur Keer )

w/o. Tarvinder Singh Keer, )

aged 36 years, Occu.: Housewife, )

residing at Sai Prabha Building, )

1st floor, 10th Road, Khar (West), )

Mumbai-400 052. ) ..Defendants

THE PLAINTIFF ABOVENAMED STATES AS UNDER:

1. The Plaintiff states that the plaintiff is in peaceful use,

occupation, possession and peaceful enjoyment of Hotel Chena

Garden situate at Room No.27, admeasuring 1332 sq.ft. and Room

No.1 admeasuring 1300 square meter situate at Village Chenna

District and Taluka Thane within the Municipal Limits of Mira

Bhayandar Nagar Palika along with shed for Restaurant and

Kitchen admeasuring 6000 sq.ft. + open Parking Space and open

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land totally admeasuring 13 gunthas equivalent to 1300 square

meters approximately and the same shall be hereinafter referred

to as “the Suit Property” for the sake of convenience. Hereto

annexed and marked Exhibit “A” is a copy of the Schedule of the

suit property giving detailed particulars of the suit property and

hereto annexed and marked Exhibit “B” is a copy of the rough

sketch of the suit property showing exact location of the suit

property.

2. The Plaintiff states that the facts will remain that the

defendant No.1 is plaintiff’s father and defendant No.2 is

Plaintiff’s married sister and both the defendants are residing at

the address mentioned in the cause title of the plaint.

3. The Plaintiff further states and submits that the

defendant No.1 has filed the suit in the Hon’ble High Court of

Judicature at Bombay against the plaintiff inter alia for declaration

and injunction and for appointment of Court Receiver and for

interim and ad-interim reliefs in respect of the suit property as

well as other properties and have admitted that the suit property is

exclusive use, occupation, possession and peaceful enjoyment of

the plaintiff along with other properties mentioned in the said

High Court Suit (L) No.2655 of 2012 filed by the defendant No.1

in the month of October, 2012 and after riling the said Suit (L)
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No.2655 of 2012, the defendant No.1 took out the Notice of

Motion for urgent reliefs being Notice of Motion (L) No.3225 for

2013 in Suit (L) No.2655 of 2012 and hereto annexed and marked

Exhibit “C” is a copy of the plaint in Suit (L) No.2655 of 2012.

4. The plaintiff states that, during the pendency of the

aforesaid High Court suit, the defendant No.1 has executed 2 gift

deeds both dated 30.4.2013 in favour of defendant No.2 and

thereby gifted the suit property to the defendant No.2 during the

pendency of the said High Court Suit without disclosing the said

facts in the said purported gift deeds dated 30.4.2013 and hereto

annexed and marked Exhibit “D” is a copy of the gift deed dated

30.4.2013 bearing registration No.TNN-7/3500 of 2013 and hereto

annexed and marked Exhibit “E” is a copy of the gift deed dated

30.4.2013 bearing registration No.TNN-7/3501 of 2013.

5. The plaintiff states and submits that the facts will

remain, that the defendants have suppressed the true and material

facts and behind the back of the plaintiff, the defendants have got

executed two gift deeds both dated 30.4.2013 during the pendency

of the High Court Suit without mentioning therein that the matter

is subjudiced and pending before the Hon’ble High Court of

Judicature at Bombay.
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6. The Plaintiff states and submits that, both the purported

socalled gift deeds dated 30.4.2013 are illegal, bad in law, void ab

initio and the same is liale to be canceled and/or revoked as to the

said gift deeds dated 30.4.2013 are only on the paper and in fact

the possession of the suit property is always with the plaintiff and

neither the defendant No.1 nor the defendant No.2 or any one of

them are not in use, occupation and possession of the suit property

and the suit property is in exclusive use, occupation, possession

and peaceful enjoyment of the plaintiff.

7. The plaintiff states that one of the plaintiff’s staff has

obtained certified copy of both the gift deed dated 30.4.2013 on

19.9.2013 and accordingly the said staff informed the plaintiff

about execution of said socalled purported gift deeds both dated

30.4.2013 and then only, the plaintiff came to know about

execution of said socalled purported gift deeds.

8. The Plaintiff states and submits that the plaintiff has

obtained Certificate of Registration under Section 8 of

Maharashtra Tax and Luxuries Act, 1987 under No.401104-L-00

53 dated 8.7.2003 issued by the Sale Tax Officer in respect of

hotel Chena Garden stands in the name of the Plaintiff.

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9. The Plaintiff states and submits that there is also

performance license issued by Executive Magistrate, Thane dated

5.10.2001 in respect of the suit property and hereto annexed and

marked Exhibit “F” is a copy of the performance license dated

5.10.2001.

10. The Plaintiff states and submits that there is also

Certificate of Registration of Eating House issued by the

Executive Magistrate, Thane dated 5.10.2001 in respect of the suit

property and the said license is also renewed from time to time

upto date and hereto annexed and marked Exhibit “G” is a copy

of the Certificate of Registration of Eating House dated 5.10.2001.

11. The Plaintiff states ad submits that the plaintiff has also

obtained Shops & Establishment Registration Certificate in

respect of the Suit Property and said shops & establishment

registration certificate is renewed from time to time upto date and

hereto annexed and marked Exhibit “H” is copy of the Shops &

Establishment Registration Certificate.

12. The Plaintiff states and submits that the Plaintiff has also

obtained a license dated 7.1.2002 issued by the Sub-Divisional

Officer, Dist.Thane and hereto annexed and marked Exhibit “I”

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is a copy of the license dated 7.1.2002 issued by the Sub-

Divisional Officer, Dist.Thane in respect of the suit property.

13. The plaintiff states and submits that the plaintiff is

paying property tax to the Mira Bhayandar Municipal Corporation

in respect of the suit property from time to time and paid upto date

and hereto annexed and marked Exhibit “J” Collectively are

copies of the property tax paid bills for the Academic year 2004-

05 and 2005-06. The Plaintiff craves leave to refer to and rely

upon other various property tax paid bills as and when produced.

14. The plaintiff states and submits that since the defendant

No.1 is not keeping good health and suffering from paralytic

attack and his left organ of the body is paralyzed and he is bed

ridden and unable to move from one place to other and the

plaintiff being his only son is looking after the defendant No.1 as

well as maintaining defendant No.1 in all respects and providing

two times bread and butter, medicines etc.. The Plaintiff states and

submits that the defendant No.2 and her husband Tarvinder Singh

Keer, both are having bad eye on the plaintiff’s property and

behind the back of the plaintiff, the defendants got executed both

the socalled purported gift deeds dated 30.4.2013 in respect of the

suit property in order to grab the suit property. The Plaintiff states

that at all material times the suit property is in exclusive use,

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occupation, possession and peaceful enjoyment of the plaintiff and

the plaintiff has never handed over the suit property either to the

defendant No.1 and/or defendant No.2 and therefore, the said

socalled purported Gift Deeds are never materialized as neither the

possession of the suit property was given by the plaintiff nor the

possession of the suit property is taken over by the defendants and

Plaintiff’s possession of the suit property is clearly admitted by

the defendant No.1 in the High Court Suit (L) No.2655 of 2012.

15. The Plaintiff states that the suit property is only source

of income and livelihood of the plaintiff as well as his family

members and the suit property is in possession of the plaintiff

since the year 2003 till date without any interruption either by

defendant No.1 or by defendant No.2 or from any other person or

persons.

16. The plaintiff states that, since the matter is subjudiced

and pending before the Hon’ble High Court of Judicature at

Bombay and the socalled purported gift deeds dated 30.4.2013 in

respect of the suit property which is the subject matter of the High

Court Suit (L) No.2655 of 2012, without seeking permission from

the Hon’ble High Court behind the back of the plaintiff.

Therefore, now the plaintiff is left with no any other alternative,

but, to challenge the said purported socalled both the gift deeds
 9

dated 30.4.2013 as to said purported socalled gift deeds dated

30.4.2013 never implemented and/or materialized much prior to

the time of executing gift deed, the present suit property is in

continuous and uninterrupted use, occupation, possession and

peaceful enjoyment of the plaintiff. The Plaintiff therefore, states

and submits that the defendants be ordered, decreed and directed

to forthwith both the socalled purported gift deeds dated

30.4.2013 before this Hon’ble Court and same may be impounded

and taken into safe custody of this Hon’ble Court for cancellation

and the same may be cancelled.

17. The plaintiff states and submits that, therefore, the

plaintiff is entitled for declaration from this Hon’ble Court that

both the socalled purported gift deeds dated 30.4.2013 are illegal,

bad in law, void ab initio and the same is not binding upon the

plaintiff as well as upon the suit property.

18 That it be declared that socalled purported gift deeds i.e.

Gift Deed dated 30.4.2013 bearing Registration No.TNN-7/3501

of 2013 and Gift Deed dated 30.4.2013 bearing Registration

No.TNN-7/3500 of 2013 are illegal bad in law, void ab initio and

not binding upon the plaintiff as well as to the Suit Property viz.

Hotel Chena Garden situate at Room No.27, admeasuring 1332

sq.ft. and Room No.1 admeasuring 1300 square meter situate at

 10

Village Chenna District and Taluka Thane within the Municipal

Limits of Mira Bhayandar Nagar Palika along with shed for

Restaurant and Kitchen admeasuring 6000 sq.ft. + open Parking

Space and open land totally admeasuring 13 gunthas equivalent to

1300 square meters approximately. That the defendants be

ordered, decreed and directed to forthwith produce socalled

purported both the gift deeds dated 30.4.2013 bearing Registration

No.TNN-7/3501 of 2013 and Gift Deed dated 30.4.2013 bearing

Registration No.TNN-7/3500 of 2013 before this Hon’ble Court

and same may be impounded and taken into safe custody of this

Hon’ble Court for its cancellation and the same may be cancelled.

That the defendants themselves, their family members, servants,

agents and/or any person or persons claiming through or under

them be restrained by permanent Order and Injunction of this

Hon’ble Court from exercising ownership right and or getting

transferred the records, licenses and the suit property pursuant to

the socalled purported both gift deeds i.e. Gift Deed dated

30.4.2013 bearing Registration No.TNN-7/3501 of 2013 and Gift

Deed dated 30.4.2013 bearing Registration No.TNN-7/3500 of

2013 against the plaintiff in respect of the suit property viz. Hotel

Chena Garden situate at Room No.27, admeasuring 1332 sq.ft.

and Room No.1 admeasuring 1300 square meter situate at Village

Chenna District and Taluka Thane within the Municipal Limits of

Mira Bhayandar Nagar Palika along with shed for Restaurant and
 11

Kitchen admeasuring 6000 sq.ft. + open Parking Space and open

land totally admeasuring 13 gunthas equivalent to 1300 square

meters approximately. That the defendants themselves, their

family members, servants, agents or any person or persons

claiming through or under them be permanently restrained by an

order and injunction of this Hon’ble Court from taking forcible

possession of the suit premises and/or any part thereof and/or

disturbing the plaintiff’s peaceful use, occupation, possession and

peaceful enjoyment of the suit property in any manner whatsoever

nature without following due process of law viz. Hotel Chena

Garden situate at Room No.27, admeasuring 1332 sq.ft. and Room

No.1 admeasuring 1300 square meter situate at Village Chenna

District and Taluka Thane within the Municipal Limits of Mira

Bhayandar Nagar Palika along with shed for Restaurant and

Kitchen admeasuring 6000 sq.ft. + open Parking Space and open

land totally admeasuring 13 gunthas equivalent to 1300 square

meters approximately.Pending the hearing and final disposal of

the suit the defendants themselves, their family members,

servants, agents and/or any person or persons claiming through or

under them be restrained by Order and Injunction of this Hon’ble

Court from exercising ownership right and or getting transferred

the records, licenses and the suit property pursuant to the socalled

purported both gift deeds i.e. Gift Deed dated 30.4.2013 bearing

Registration No.TNN-7/3501 of 2013 and Gift Deed dated

 12

30.4.2013 bearing Registration No.TNN-7/3500 of 2013 against

the plaintiff in respect of the suit property viz. Hotel Chena

Garden situate at Room No.27, admeasuring 1332 sq.ft. and Room

No.1 admeasuring 1300 square meter situate at Village Chenna

District and Taluka Thane within the Municipal Limits of Mira

Bhayandar Nagar Palika along with shed for Restaurant and

Kitchen admeasuring 6000 sq.ft. + open Parking Space and open

land totally admeasuring 13 gunthas equivalent to 1300 square

meters approximately. That pending the hearing and final disposal

of the suit, the defendants themselves, their family members,

servants, agents or any person or persons claiming through or

under them be restrained by an order and injunction of this

Hon’ble Court from taking forcible possession of the suit premises

and/or any part thereof and/or disturbing the plaintiff’s peaceful

use, occupation, possession and peaceful enjoyment of the suit

property in any manner whatsoever nature without following due

process of law viz. Hotel Chena Garden situate at Room No.27,

admeasuring 1332 sq.ft. and Room No.1 admeasuring 1300 square

meter situate at Village Chenna District and Taluka Thane within

the Municipal Limits of Mira Bhayandar Nagar Palika along with

shed for Restaurant and Kitchen admeasuring 6000 sq.ft. + open

Parking Space and open land totally admeasuring 13 gunthas

equivalent to 1300 square meters approximately.

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18. The Plaintiff states that the plaintiff is also entitled for

order, decree and direction thereby directing the defendants to

forthwith produce socalled purported gift deeds dated 30.4.2013

before this Hon’ble Court and same may be impounded and taken

into safe custody of this Hon’ble Court for cancellation and the

same may be cancelled.

19. The plaintiff states and submits that defendants be also

estopped from exercising ownership right in respect of the suit

property against the plaintiff in any manner whatsoever nature in

pursuance of socalled purported gift deeds dated 30.4.2013.

20. The Plaintiff states that the plaintiff is also entitled to

obtain permanent and interim and ad-interim reliefs at the

aforesaid terms pending the hearing and final disposal of the suit.

21. The Plaintiff states that, if the reliefs as prayed for is not

granted in favour of the plaintiff and against the defendants, then

the plaintiff will suffer irreparable loss, harm, damage, injury,

prejudice and great hardship will be caused to the plaintiff which

can not be compensated in terms of money, while granting reliefs

as prayed for, no such harm or prejudice would be caused to the

defendants or any one of them. The balance of convenience is also

in favour of the plaintiff.

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22. The plaintiff value the suit at Rs.___________ being

and paid the Court fees accordingly, for the purpose of Court fees

and jurisdiction u/s.6(iv), (iv) (a) of Bombay Court Fees Act.

22. The plaintiff has not received any copy of the caveat and/or

notice from the defendants till date.

23. The Plaintiff will rely upon the documents a list whereof is

annexed hereto.

The plaintiffs therefore, pray:

(a) That it be declared that socalled purported gift deeds

i.e. Gift Deed dated 30.4.2013 bearing Registration

No.TNN-7/3501 of 2013 and Gift Deed dated 30.4.2013

bearing Registration No.TNN-7/3500 of 2013 are illegal

bad in law, void ab initio and not binding upon the

plaintiff as well as to the Suit Property viz. Hotel Chena

Garden situate at Room No.27, admeasuring 1332 sq.ft.

and Room No.1 admeasuring 1300 square meter situate

at Village Chenna District and Taluka Thane within the

Municipal Limits of Mira Bhayandar Nagar Palika along

with shed for Restaurant and Kitchen admeasuring 6000

sq.ft. + open Parking Space and open land totally

 15

admeasuring 13 gunthas equivalent to 1300 square

meters approximately;

(b) That the defendants be ordered, decreed and directed to

forthwith produce socalled purported both the gift deeds

dated 30.4.2013 bearing Registration No.TNN-7/3501 of

2013 and Gift Deed dated 30.4.2013 bearing

Registration No.TNN-7/3500 of 2013 before this

Hon’ble Court and same may be impounded and taken

into safe custody of this Hon’ble Court for its

cancellation and the same may be cancelled;

(c) That the defendants themselves, their family members,

servants, agents and/or any person or persons claiming

through or under them be restrained by permanent Order

and Injunction of this Hon’ble Court from exercising

ownership right and or getting transferred the records,

licenses and the suit property pursuant to the socalled

purported both gift deeds i.e. Gift Deed dated 30.4.2013

bearing Registration No.TNN-7/3501 of 2013 and Gift

Deed dated 30.4.2013 bearing Registration No.TNN-

7/3500 of 2013 against the plaintiff in respect of the suit

property viz. Hotel Chena Garden situate at Room

No.27, admeasuring 1332 sq.ft. and Room No.1

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admeasuring 1300 square meter situate at Village

Chenna District and Taluka Thane within the Municipal

Limits of Mira Bhayandar Nagar Palika along with shed

for Restaurant and Kitchen admeasuring 6000 sq.ft. +

open Parking Space and open land totally admeasuring

13 gunthas equivalent to 1300 square meters

approximately;

(d) That the defendants themselves, their family members,

servants, agents or any person or persons claiming

through or under them be permanently restrained by an

order and injunction of this Hon’ble Court from taking

forcible possession of the suit premises and/or any part

thereof and/or disturbing the plaintiff’s peaceful use,

occupation, possession and peaceful enjoyment of the

suit property in any manner whatsoever nature without

following due process of law viz. Hotel Chena Garden

situate at Room No.27, admeasuring 1332 sq.ft. and

Room No.1 admeasuring 1300 square meter situate at

Village Chenna District and Taluka Thane within the

Municipal Limits of Mira Bhayandar Nagar Palika along

with shed for Restaurant and Kitchen admeasuring 6000

sq.ft. + open Parking Space and open land totally

 17

admeasuring 13 gunthas equivalent to 1300 square

meters approximately;

(e) Pending the hearing and final disposal of the suit the

defendants themselves, their family members, servants,

agents and/or any person or persons claiming through or

under them be restrained by Order and Injunction of this

Hon’ble Court from exercising ownership right and or

getting transferred the records, licenses and the suit

property pursuant to the socalled purported both gift

deeds i.e. Gift Deed dated 30.4.2013 bearing

Registration No.TNN-7/3501 of 2013 and Gift Deed

dated 30.4.2013 bearing Registration No.TNN-7/3500 of

2013 against the plaintiff in respect of the suit property

viz. Hotel Chena Garden situate at Room No.27,

admeasuring 1332 sq.ft. and Room No.1 admeasuring

1300 square meter situate at Village Chenna District and

Taluka Thane within the Municipal Limits of Mira

Bhayandar Nagar Palika along with shed for Restaurant

and Kitchen admeasuring 6000 sq.ft. + open Parking

Space and open land totally admeasuring 13 gunthas

equivalent to 1300 square meters approximately;

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(f) That pending the hearing and final disposal of the suit,

the defendants themselves, their family members,

servants, agents or any person or persons claiming

through or under them be restrained by an order and

injunction of this Hon’ble Court from taking forcible

possession of the suit premises and/or any part thereof

and/or disturbing the plaintiff’s peaceful use, occupation,

possession and peaceful enjoyment of the suit property

in any manner whatsoever nature without following due

process of law viz. Hotel Chena Garden situate at Room

No.27, admeasuring 1332 sq.ft. and Room No.1

admeasuring 1300 square meter situate at Village

Chenna District and Taluka Thane within the Municipal

Limits of Mira Bhayandar Nagar Palika along with shed

for Restaurant and Kitchen admeasuring 6000 sq.ft. +

open Parking Space and open land totally admeasuring

13 gunthas equivalent to 1300 square meters

approximately;

(g) Pending the hearing and final disposal of the suit

Interim and ad-interim reliefs in terms of prayer (e)

and (f) above be granted;

(h) Cost of the Suit be provided for;

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(i) Such other and further reliefs looking the nature and

circumstance of the case be provided for;

Plaint drawn by Plaintiff

Advocate for Plaintiffs

VERIFICATION

I, Inderjeet Singh Amardeep Chadha, residing at 301, 302,

3rd floor, Saraswati road, Santacruz (West), Mumbai-400 054, the

Plaintiff abovenamed do hereby solemnly state and declare that

what is stated in paragraph Nos. 1 to __ of the foregoing plaint is

true and correct to my own knowledge and what is stated in

remaining paragraph Nos. ___ to ____ are on information and I

believe the same to be true.

Solemnly declared at Bombay )

This day of 2013 )

Plaintiff

Identified by me

Before me

Advocates for the Plaintiff

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