JUDGMENT :

Ujjal Bhuyan, J.

1. Heard Mr. Vijay Gharat, learned counsel for the petitioner and Mr. Bhavin Gada, learned counsel for respondent No.1. None has appeared for the remaining respondents.

2. By filing this petition under Article 227 of the Constitution of India, petitioner seeks quashing of judgment and order dated 22.07.1999, passed by the City Civil Court, Bombay in Short Cause Suit No.3733/1992 whereby the said suit preferred by respondent No.1 as the plaintiff for restoration of possession of the suit flat was decreed in favour of respondent No.1.

3. It may be mentioned that Short Cause Suit No.3733/1992 was instituted by respondent No.1 as the plaintiff wherein Janardhan Narsing Mahajan was arrayed as the defendant. Janardhan Narsing Mahajan is the petitioner in the present writ petition. On his death, he has been substituted by his legal heirs.

4. Case of respondent No.1 (plaintiff hereinafter) is that petitioner (defendant hereinafter) was the lessee of a plot of land bearing City Survey No.8619/22 of Village-Danda, Taluka-Andheri and situated at Anant Vihar Cooperative Housing Society, 19th Road, Khar West, Mumbai.

4.1. An agreement was executed on 05.07.1979 between the defendant on the one hand and Mr. Pratap Vallabhdas Palicha and Mr. Kan Jhumatlal Choithramani on the other hand. As per this agreement, defendant granted Mr. Palicha and Mr. Choithramani right of development of the said plot of land as per terms and conditions mentioned in the agreement.

4.2. Pursuant to the said agreement, Mr. Palicha and Mr. Choithramani constructed a building on the said plot of land consisting of ground plus three upper floors. Each floor was one flat. Occupation certificate of the said building was obtained on 23.11.1983.

4.3. Mr. Palicha and Mr. Choithramani let out the flats on the first floor, second floor and third floor to Mrs. Rama H. Abhichandani (first floor and third floor) and Mrs. Meena Lalchand Nagpal and Mrs. Lina Bhajandas Nagpal (second floor). As per the agreement dated 05.07.1979, Mr. Palicha and Mr. Choithramani were required to handover the ground floor flat to the defendant upon the defendant paying back Rs.45,000.00 which was deposited with him by the said two persons while executing the agreement dated 05.07.1979. The said two persons had issued pleaders notice dated 21.12.1983 calling upon the defendant to take over possession of the ground floor flat (referred to hereinafter as the suit flat) after returning back the amount of Rs.45,000.00.

4.4. However, the defendant, did not respond to the said letter.

4.5. After about six months of issuance of the said letter, one Mr. Ramniklal Damji Gada contacted Mr. Choithramani and produced before him an agreement dated 29.10.1983 executed between the defendant on the one hand and the said Mr. Gada on the other hand. Mr. Gada also produced a power of attorney dated 31st October, 1983 executed in his favour by the defendant.

4.6. As per the said agreement, defendant alleged that though four years period had elapsed since execution of the agreement dated 05.07.1979, Mr. Palicha and Mr. Choithramani did not inform the defendant about development of the property, besides committing various breaches of the agreement. Defendant was desirous of terminating the agreement dated 05.07.1979 as well as the power of attorney granted to Mr. Palicha and Mr. Choithramani. It is stated that Mr. Gada agreed to bear all expenses on behalf of the defendant that would be incurred in termination of the agreement. In this connection, Mr. Gada agreed to pay a sum of Rs.4,00,000.00 to the defendant, out of which the defendant received Rs.60,000.00. That apart, defendant granted tenancy rights to Mr. Gada in respect of the suit flat at the rate of Rs.250.00 per month and authorized Mr. Gada to take over possession of the suit flat.

4.7. Mr. Palicha and Mr. Choithramani on being approached by Mr. Gada, stated that they would hand over possession of the suit flat to the defendant only upon the de