(1) THESE Special Leave Petitions arise from the order dated 13/10/1995 of the division bench of the Bombay High court in LPA Stamp No. 26774 of 1995 and the order dated 13/9/1995 in appeal from Order No. 826 of 1994.

(2) THE petitioner claims to have entered into an agreement on 21/6/1973 to purchase certain lands from A.H. Wadia Charity Trust. In 1975, when one Mohd. Amin and others attempted to construct a boundary wall in the said land, he claimed to have filed Suit No. 298 of 1975 in the City Civil court, Bombay and had an injunction against them restraining them from interfering with his possession and construction of the boundary wall. When the petitioner had attempted to repair the existing road on the land and open drainage, the respondent filed Suit No. 493 of 1990 in the City Civil court, Bombay for injunction. The respondent claimed to be in possession of the land admeasuring 1947 sq. mts. On its basis, the petitioner claimed that they were attempting to trespass into his land. Consequently, the appellant filed Suit No. 3670 of 1994 on 16/6/1994 and also sought ad interim injunction to restrain the respondent from committing trespassing into his land. Ini