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4. The Khans occupied plot No.2 as tenants of the Credos. In that capacity, the Khans have claimed that they were using and enjoying all the interways and passages exiting from Plot No.2 to access the common internal roads on Plot No.1 and through the internal roads on Plot No.1 as well as Khajgi Raasta to access the sea / beach. On 30th June, 1970, a letter has been addressed by Mr. Victor Creado to the Municipal Commissioner for Greater Bombay ("M.C.G.M.") attaching therewith the Terms and Conditions in respect of the development of the Silver Beach Estate as shown in the plan dated 14th May, 1970 and an undertaking to abide by the same. In Clause 1 of the Terms and Conditions, it was undertaken that all the internal and private access roads shall be constructed and lighted to Municipal specification. The layout plan had been approved on 16th February, 1970.

(e) A letter of complaint dated 30th August, 1992, addressed by the Sanjay Khan to the Inspector In Charge of the Juhu Police Station complaining of the "goondas" employed by the Creados for protecting the illegal barricade on the internal road on Plot No.1 which is the common passage for all residents of the Silver Beach Estate.
(f) A letter dated 2nd September, 1991 addressed by the Creados to the Khans concerning the grant of access from the internal road to the Khans plot No.2 which NMS-1599-10-3614-11-1.DOC the Creados had not allowed. It was stated that the Khans have access to their property from the main A.B. Nair road and they cannot use the Creados private road and property for the purpose of access to their plot.