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NMS-1599-10-3614-11-1.DOC

5. A registered Indenture of Conveyance was entered into between the Creados and Khans by which plot No.2 on the Silver Beach Estate admeasuring 1692.90 Sq. mtrs. along with structure standing thereon was sold / conveyed to the Khans. Certain clauses of the Indenture of Conveyance are extracted as under:-

"THEY the Vendors do and each of them doth hereby grant sell convey and assure UNTO the Purchasers for ever all that piece or parcel of land or ground with messuages hereditamens and premises situate at Juhu in registration Sub-District of Bandra, District Bombay Suburban in Greater Bombay being Plot No.2 of the Sub-division of the property known as "SILVER BEACH ESTATE" (bearing Survey No.74A (Part), Survey No.40, Hissa No.3, Survey No.38, Hissa No.1, Survey No.5, Hissa No.4A (Part) and Hissa No.4C (Part) and delineated on the Plan hereto annexed and shown thereon surrounded by a red colour boundary line and marked thereon as "PLOT NO.2" and more particularly described in the Schedule hereunder written (and of which the land hereditaments and premises being the said Plot No.2 are hereinafter referred to for brevity's sake as ("THE SAID PREMISES") TOGETHER WITH all and singular house, out-house, edifice, building, court-

The Schedule to the Indenture is as follows:

"ALL THAT PIECE OR PARCEL of land or ground together with building and structure thereon situate lying and being at Village Juhu in Greater Bombay in the Registration Sub-District Bandra District Bombay Suburban (being Plot No.2 of Sub-Division of Property known as Silver Beach Estate bearing Survey No.74A (Part) Survey No.40, Hissa No.3, Survey No.38, Hissa No.1(Part) Survey No.5, Hissa No.4A(Part) and Hissa No.4C (Part) and which Plot No.2 admeasures 2025 Square yards (equivalent to 1692.90 Square Metres) or thereabouts."

26. That the development of plot no.1 shall be restricted to 0.85 of the net plot area of plot no.1 i.e. area of plot no.1 after deducting areas of 30' and 22' wide internal roads.

7. These terms and conditions were under the said Indenture to be abided by the purchaser viz the Khans and they would carry out all the terms and conditions as prescribed therein for sanctioning the sub-division in respect of plot No.2 on the Silver Beach Estate. The subject of the terms and conditions was the proposed layout of the Silver Beach Estate, Juhu. Thus, it was applicable to the entire layout of the Silver Beach Estate which included internal access roads, ways, passages, easements, appurtenances, etc. The layout plan dated 24th July, 1975 of the Silver Beach Estate was subsequently sanctioned on 28th February, 1978. A registered undertaking was submitted by the Creados to the MCGM for the entire Silver Beach Estate layout including Plot No.2 belonging to the Khans thereby undertaking to abide by the terms and conditions of the MCGM and that the same would be binding also on all persons deriving title through NMS-1599-10-3614-11-1.DOC the Creados. The subject of the covering letter dated 9th September, 1975 enclosing the undertaking reads as under:-

The Schedule to the Indenture is as follows:
"ALL THAT PIECE OR PARCEL of land or ground together with building and structure thereon situate lying and being at Village Juhu in Greater Bombay in the Registration Sub-District Bandra District Bombay Suburban (being Plot No.2 of Sub-Division of Property known as Silver Beach Estate bearing Survey No.74A (Part) Survey No.40, Hissa No.3, Survey No.38, Hissa No.1(Part) Survey No.5, Hissa No.4A(Part) and Hissa No.4C (Part) and which Plot No.2 admeasures 2025 Square yards (equivalent to 1692.90 Square Metres) or thereabouts."