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14. The respondent no.1 by their advocate's letter dated 24 th December, 2008 to the petitioner and the respondent no.2 alleged that the suit land had been used and/or occupied by some third party which amounted to breach of agreement and called upon the petitioner and the respondent no.2 to remove all the alleged encroachments from the suit property. The petitioner and the respondent no.2 through their advocate's letter dated 13th January, 2008 denied those allegations made by the respondent no.1 and informed that the contractor of Mumbai Metro One carbp-350.17 & carbp-812.19.docx Private Limited was constructing the Metro Rail, without their permission and knowledge and stocked material on the suit property, which was already removed on objection taken by the petitioner and the respondent no.2.