ORDER

The unsuccessful plaintiffs in both the Courts below are the petitioners. Their suit for declaration that the appellants are successors in title to certain land of the defendant Nos. 3 and 4. namely. Sule and Thakkar. who were said to he its owners, which formed a portion of land admeasuring 33 acres 2 guntas in Survey No. 103A/Pt. at Kirol and for injunction not to interfere with their possession etc. was dismissed by a single Judge sitting on the original side of the Bombay High Court. A Division Bench of the same Court dismissed the appeal No. 557/92. of the petitioner by the impugned judgment and decree D/- Jan. 31, 1994. The facts not in dispute are that a Notification under S. 4(1) of the Land Acquisition Act, 1894, was initially published on May 4, 1959 proposing acquisition of 48.26 acres of land in Survey No. 103A invoking the urgency clause under 17. The enquiry under S. 5A was dispensed with. A declaration under S. 6 was followed. Thereafter, another notification was issued on May 28, 1959 under S. 4(1) of the Act acquiring 13 acres and 33 gunta in Survey No. 228 situated at Kurla. When possession was handed over to the railways on May 24, 1960, it was found that t