R.A. AGGARWAL, J.:---Both these appeals involve chiefly the interpretation of the provisions of section 7(1)(i) and (ii) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as "the said Act") and the relevant rules made thereunder in 1964, and therefore, they have been heard together and can be disposed of by a common judgment along with the subsidiary points.

2. In Appeal No. 575 of 1982 from Order a learned Judge of the Bombay City Civil Court has construed the provisions of section 7(i) and (ii) of the said Act against the flat-owner i.e. the plaintiff and in favour of the promoter i.e. the defendants, while in Appeal No. 875 of 1982 from Order another Judge of the Bombay City Civil Court has held in favour of the flat owner and against the promoter.

3. Facts in Appeal No. 575 of 1982 from order.

Briefly stated, the plaintiff purchased from the defendants Flat No. 503 in 'Jaldarshan' situated at Cimbai, Bandra, Bombay, for a consideration of Rs. 1,23,200/-. The defendants showed a sanctioned plan dated 17th April, 1978 to the plaintiff, on the basis of which the defendants were t