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The unregistered main firm applied in February 1975 to the Thane Municipal corporation for sanction of a lay-out plan. The corporation sanctioned the same and divided the land into 12 plots tearing No. 1 to 12 and an internal road subject to certain other conditions namely that open space in plot No. 2 shall be kept permanently open to sky and shall be handed over to Municipal Corporation and shall not admeasure less than 15% of the P.P. No. 325 after demarcation.

Initially, the Sankhalas and Jains divided the property of the main firm, There was a MOU dated 4:2.76 between the partners of the main firm. It refers to the sub-contract dated 29.7.64 by the Jain Group with their sub- partner (para vi). It refers to a dissolution of the main firm between the Sankhala group and the Jain Group w.e.f. 30.1.76 and states that put of the lay-out, Jain group got plots 8,9,10,11 and 12 comprising 5774.78 sq, met. and the Sankhala got plots 1,3,4,5,6, and 7 comprising 11,189.37sq. met., that plot 2 of the final plot 325 (IPSI) admeasuring 3209 sq. met was reserved for garden and for providing access road to the above plots, and that the access road covers 1200 sq. met. The two groups would be entitled to the benefits derived from the concerned authorities either by way of compensation/F.S.I./ in the ratio of 34% (group Jain) and 66% (Group Sankhala) besides common use of access road (Para (i) (viii). The MOU says in para 3 that the sankhala Group "is not concerned with sub-partners of Jain group and that they carry out their own obligation with their sub- partners individually." On 26.12.91, a registered partition deed (called the main partition deed) in implementation of the MOU dated 4.2.76 between Sankhala group and Jain group was executed and it stated that the plots as stated in the MOU became absolute properties of each group subject to the common right in the road and vacant plot No. 2. The benefits as stated in the MOU dated 4.2.76 were repeated. It was further clarified that both the groups would be entitled to avail of benefits of the F.S.I, which might be available to the entire plot of land and that the F.S.I. shall only be confined to the reservation and internal road. The Jain group under took that they shall carry out their pending obligations if any, "with their sub-partners". On 18.6.92, a registered deed of rectification was executed between the Sankhala's and Jain's which made certain amendments to the main partition deed dated 28.12.91. (Typed copy of this deed was filed by appellant alongwith affidavit of Murlidhar's daughter dated 27.10.98. In para .1.2 at the bottom of page 3 of the main partition deed, in line 6, (after the words HUF) the following words were to be added by virtue of the rectification deed :