Misc. Application No. 152 of 2004 being C.R. Nos.
121 and 124 of 2001 respectively, was suppressed. The
said fact was brought to the notice by the affidavit in
reply filed by the respondent State. Thereupon an
attempt was made to produce photo-pass allegedly in
relation to the Flat No. 147-2/2 as being the structure
in question. At the same time, reliance is also placed
on leave and licence agreement, which do not disclose
any date, to contend that the petitioner had inducted
some other person in the said suit premises. However,
the leave and licence agreement refers to the structure
bearing No. B-147-1/3. It is sought to be contended
that the structure number was wrongly mentioned in the
leave and licence agreement. Apart from the mere
submission in that regard by the learned advocate for
the petitioner, there is nothing on record to disclose
that there was any mistake in the said number. In fact,
said number was recorded at two places in the agreement.
That apart, it appears that the said agreement was
sought to be produced before the Special Court in Misc.
Application No. 152 of 2004 wherein the Court below had
clearly observed that the said agreement prima facie
appears to be concocted one to suit to the claim of the
petitioner and the same is not genuine agreement. In
any case, mere agreement of leave and licence cannot
