1. The plaintiff has claimed title over one plot No.3 under the registered Deed of Conveyance dated 18th December, 1969 where the plaintiff's building has been constructed. The plaintiff has claimed to trace its title under the conveyance by one Habib Mohammed Hashambhoy (Habib)which was granted to one Tulsidas Chatrabhuj Gandhi and Madhukanta Gandhi (Gandhi). Under the said conveyance Habib covenanted that the road on plot No.7B (which is adjacent to plaintiffs plot No.3) and is a private road and shall be kept open for the purpose of access interalia to plot No. 3. On 16th August, 1960 a conveyance was executed by Gandhi in favour of one L K Marketing Investment Company (L K Market) from whom the plaintiff purchased plot No.3. The plaintiff accordingly claims access to its plot from plot No.7B. The conveyance is also stated to have been executed by Habib in favour of one Ms. Ratan Mathurdas Merchant (Ratan) in respect of plot No.7B on 9th September, 1974. Defendant No.4 claims to be the brother and the sole heir of Ratan. Defendant No.1 claims to have purchased plot No.7B under two conveyances dated 18th and 19th December, 1997 from defendant No.4.

2. Hence whereas the pl