JUDGMENT

DESAI, J.:— These two appeals by special leave arise from a suit filed by the respondents plaintiffs for recovering possession of land bearing survey Nos. 487/1 to 487/6 situated at Shirwal Peta Khandala from the appellant defendant. During the pendency of this suit a portion of the land in dispute was acquired under the Land Acquisition Act and as both the plaintiffs and the defendant laid a claim to compensation, a reference was made under S. 30 of the Land Acquisition Act for determining the eligibility for the amount of compensation. The trial Court decreed the plaintiffs suit and First Appeal No. 160 of 1966 was preferred by the defendant to the High Court of Bombay. Following the decision of the trial Court, the reference under S. 30 of the Land Acquisition Act was answered in favour of the plaintiffs respondents and the defendant preferred First Appeal No. 173 of 1966 to the High Court. Both the appeals were heard together and by its judgment dated 10/11 October 1974 a Division Bench of the High Court dismissed both the appeals with costs. Thereupon the appellant preferred the present two appeals. As both the appeals arise from a common judgment, they were heard tog