ORAL ORDER:

1. Plaintiff undertakes to remove office objections within two weeks from today. That undertaking is accepted.

2. The counsel appearing for the contesting defendants state that the defendants have no intention to file any further affidavit. The defendant nos.3 & 4, though served, have not chosen to appear before the Court or file any reply. The counsel for the plaintiff states, on instructions, that during the hearing of this Motion yesterday, the defendant nos.3 & 4 were personally present in Court. Be that as it may, the Motion is proceeded for final hearing by consent of the counsel for the plaintiff and the contesting defendants who have made appearance through Advocates.

3. The plaintiff has pressed interim relief in this Motion only in terms of prayer clause (a) which reads thus:- "(a) Pending the hearing and final disposal of the suit, this Hon’ble Court be pleased to pass a temporary order of injunction restraining the defendants, their servants, agents or any persons claiming through or under them from assigning, selling alienating, encumbering, mortgaging, transferring and/or creating any third party right, title or interest and/or carrying out any construction, development, erection, putting up any structure, removing any structure and/or disturbing the peaceful use, occupation, possession and enjoyment of the plaintiff in respect of the suit property viz. piece and parcel of land bearing C.T.S. No.344, 344/1 to 8 S.No.23A, Hissa No.14, admeasuring 4100 sq. meter lying being and situated at Village Shankar Wadi, Jogeshwari (East), Mumbai--400 060 in any manner whatsoever and/or to deal with the same in any manner whatsoever in pursuance to the said Deed of Conveyance dated 12.12.2006 and power of attorney dated 7.1.2005 and/or any other document in pursuance thereof." Accordingly, this order will consider the rival claim in the context of the reliefs in terms of prayer clause (a) reproduced above.

4. I shall first deal with the admitted facts. It is not in dispute that the suit land admeasuring 32 gunthas equivalent to 3872 sq. yards i.e. 4,232.2 sq. meters together with structures standing thereon bearing Survey no.23A, hissa no.14, C.T.S. nos.343, 344, 344/1 to 8, situated at Shankar Wadi, Jogeshwari (East), Mumbai--400 060, was owned and possessed by the defendant no.1 and one Mr.Hoshi Ardeshir Mistry. The defendant no.1 and the said Mr.Hoshi Ardeshir Mistry created tenancy in respect of the said suit property in favour of the younger brother of the plaintiff Veer Bahadur Singh alias Veer Bahadur Charitra Rai. Pursuant to the agreement of tenancy dated 20.1.1966, the said Veer Bahadur Rai was put in possession of the suit property on terms and conditions referred to in the agreement. Amongst others, clause 5 of the agreement stipulates as follows:- "5) It is agreed by the parties that at any time during the pendency of this tenancy agreement the tenant offers to pay the landlords the price of the piece of land in his occupation at the rate of Rs.5/- per square yard then in that case the landlord shall execute a conveyance of this piece of land in favour of the tenant." It is not in dispute that Hoshi Ardeshir Mistry died after which the defendant no.1 succeeded to his share as his heir. In other words, the defendant no.1 became the absolute owner of the suit property. The defendant no.1 later on executed Conveyance Deed in favour of the said Veer Bahadur Rai on 15.4.1988 conveying the suit property for a consideration of Rs.18,000/-. The defendant no.1 has acknowledged the receipt of the consideration amount in the Conveyance Deed. It is not in dispute that the Conveyance Deed was lodged for registration on 22.4.1988, but the same is yet to be registered. Said Veer Bahadur Rai died in the year 1991 leaving behind the defendant nos.7 to 10 as his heirs who succeeded to his share. 5. Having referred to the admitted facts, I shall now turn to the case of the respective party. According