JUDGMENT

Pinaki Chandra Ghose, J.

1. Leave granted.

2. These appeals are directed against the judgment and order dated September 30, 2005 in First Appeal No. 970/1995 with First Appeal No.1075/1995 passed by the High Court of Bombay. The High Court allowed both these appeals; set aside the judgments and decree passed by the Trial Court in both the suits; and decreed both the suits, i.e., Long Cause Suit No.1914 of 1983 as well as Long Cause Suit No.1877 of 1985 in terms of the prayers. The High Court further directed the defendants to immediately place the plaintiffs in possession of the five flats which were kept reserved by virtue of the interim orders passed by the High Court from time to time; and the stay on the Bombay Municipal Corporation regarding the development of the remaining property was directed to be vacated.

3. The facts of the case briefly are as follows:

1. One Bomanji Irani, who is the predecessor of appellants herein, acquired tenancy rights in respect of the premises admeasuring 6500 sq. yds., known as ‘Irani Wadi’, situated at Mazgaon, Mumbai. This premises comprised of residential Bungalow, open land used for Nursery, and Mali’s quarters, hereinafter referred to a