defendant nos.2 and 3 are the daughters of defendant no.1. It is claimed in the plaint that defendant nos.1 and 4 never co-habited after their marriage in 2005. In any event, it is submitted that the matrimonial address, where defendant no.4 all the time resided after his marriage was Flat No.17, Prem Court, Peddar Road, Mumbai 400 026 and not the suit flat. It is the plaintiff's case that the suit flat was purchased by defendant no.4 in the year 2006. It is the plaintiff's case that defendant no.4 wanted to renovate the suit flat and for the purpose of such renovation handed over the keys of the suit flat to defendant no.1. It is claimed by the plaintiff that since June, 2006 defendant no.1 unauthorisedly started residing in the suit flat and that this act of hers amounts to a tresspass. It is submitted that defendant no.1 had filed a suit against defendant no.4 in the Bombay City Civil Court being Suit No.686 of 2007 praying inter alia for an order against defendant no.4 restraining him from dealing with or disposing of the suit flat, including disposal by way of a gift deed. It is submitted that this suit was disposed of in default on November, 2009. It is submitted that defendant nos. 1 to 3 have no authority to reside in the suit flat and their accommodation thereof is purely by way of a tresspass. Accordingly, plaintiff has filed the present suit for recovery of possession of the suit flat.
