JUDGMENT :

V. RAMASUBRAMANIAN, J.

1. Leave was granted on 07.09.2021.

2. Their plaint having been rejected by the trial court under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 and the said rejection having been confirmed by the High Court in a first appeal, the plaintiffs have come up with the above appeal.

3. We have heard Mr. Kevic Setalvad, learned senior advocate appearing for the appellants and Mr. Shekhar Naphade, learned Senior Advocate and Mr. Aniruddha Joshi, learned Advocate appearing for the contesting respondents.

4. A group of 13 persons, claiming to be the legal representatives and successors in title to the estate of one Haji Ali Mohammed Hajee Kassam Agboatwala, filed a civil suit in S.C. Suit No. 2343 of 1987 on the file of the City Civil Court at Bombay. The reliefs prayed for in this suit are as follows:

“The Plaintiffs, therefore, pray that:

(a) It be declared that the judgment and order dated 28th November 1963 passed by A.L.T. Borivali, Bombay Suburban District, in Tenancy Case No. 32G/6563 Dahisar, Part of Exhibit ‘F’ hereto, holding Defendant No. 1 to be ‘Deemed Purchaser’ of the suit land bearing Survey No. 216, Hissa No. 4A bearing C.T.S. No. 1879,