JUDGMENT

Dr. B.S. Chauhan, J.- Leave granted.

2. This appeal has been preferred against the judgment and order dated 27.4.2011 passed in Appeal (Lodging) No. 247 of 2011 by the High Court of Bombay confirming the order dated 21.3.2011 of the learned Trial Judge passed on application for interim relief with certain modifications.

3. Facts and circumstances giving rise to this appeal are that: A. Appellant entered into an agreement dated 3.4.1998 with respondent no. 1 for alternate accommodation whereby the appellant was allotted Unit No. 401 i.e. Suit premises ad-measuring 2680 Sq.fts. built up area subject to payment of Rs.13.50 lacs, nominal fee in lieu of appellant’s occupational rights in the godown i.e. the original property. The said agreement was registered on 2.3.2000. The inter-se agreement between the respondent No.1 on one hand and respondent Nos. 2 and 3 dated 7.8.2006 regarding the sale of the part of the accommodation in the same building was served upon the appellant. By that time, the respondent no. 1 had not made any demand from the appellant in terms of the agreement dated 2.3.2000.

(B) The appellant filed Short Cause Suit No. 3703 of 2007 seeking reliefs under