JUDGMENT

S.B. Majmudar, J.-The Municipal Corporation of the City of Ahmedabad having obtained special leave to appeal under Article 136 of the Constitution of India from this Court has brought in challenge the judgment and order rendered by a Division Bench of the Gujarat High Court in Letters Patent Appeal No. 258 of 1993 decided on 2nd September 1993 whereby the decree of the City Civil Court in favour of the respondent plaintiffs came to be restored by setting aside the judgment and order of the learned Single Judge who had dismissed the said suit.

2. The background facts leading to this appeal may be noted at the outset. Respondent-plaintiffs filed Civil Suit No. 1809 of 1972 in the City Civil Court at Ahmedabad against the appellant-Corporation. They had brought in challenge notice dated 14th June 1972 issued by the appellant-Corporation against the respondent-plaintiffs under Section 54 of the Bombay Town Planning Act, 1955 (hereinafter referred to as the Act ) read with Rule 27 of the Bombay Town Planning Rules, 1955 (hereinafter referred to as the Rules ). By the said notice the respondent-plaintiffs were called upon to vacate the suit land within seven days failing which