S.M. DAUD, J.:---This is a suit for enforcing rights allegedly conferred under conveyance dated 20th March 1951 - hereinafter referred to as ""Ex.B"".

2. Ratanchand Hirachand Doshi was the owner of a fairly large and valuable property comprising land and structures thereon which property was acquired by him on 15-4-1947 for a consideration of Rs. 6,55,580.80 ps. (see Ex. A-95). Certain parcels of vacant land from out of this property were transferred under three different transactions dated 28-11-1947, 18-5-1949 and 27-4-1950. That left Ratanchand with land measuring 6350.40 sq.yds. with various structures thereon. The structures included Ratan Villa also known as 'Ratan Villas' or the 'main bungalow', servants' quarters, out-house/guest-house, Secretary's house and garages. The area on which these structures stood covered 1292 sq.yds. A thousand sq.yds. to the west facing the Arabian Sea was required to be kept vacant as per the Government convenient. The vacant area in bits and pieces totalled 2375 sq.yds. This last figure has been arrived at after excluding from the whole, the area of 565 sq.yds. covered under Ex.B, and that, admittedly required to be kept vacant according to the convenants of Ex.B. The purchasers under Ex.B are the trustees of an Indenture of Settlement dated 17th March 1951. The settlers of that settlement were Munchershaw Mistry, Kekobad Mistry and Dinbai Mistry. Those constituted as trustees by this settlement were Munchershaw Mistry, Kekobad Mistry, Maneck Mistry and Khurshed Mistry. Dinbai was the mother of Munchershaw, Kekobad and Maneck. Khurshed was the wife of the said Maneck. The settlors had placed with the trustees a sum of Rs. 40,000/- and the trustees were authorised to purchase property--movable as also immovable--with the corpus.

3. Ex.B contains various terms, the important ones being thus : Immediately after the preface comes the paragraph specifying that the vendor Ratanchand owns and possesses a piece or parcel of land or ground situated at Nepean Sea Road the full description whereof is given in the First Schedule which schedule forms a part of Ex.B itself. Next, comes the mention of property pointed out by red-coloured boundary line in a plan annexed to the document and marked plan A. This red marked portion, it is made clear, is to be granted or intended to be granted. The price payable by the purchasers viz., the trustees on behalf of the trust, is fixed at Rs. 103/- per sq.yd. On actual measurement the area is found to measure 565 sq.yds., its total value being Rs. 58,195/-. The purchasers are said to have paid to the vendor a sum of Rs. 5,000 as earnest money on 26th October 1950. Ex.B goes on to recite that for the consideration of Rs. 58,195/- the vendor has agreed to convey to the purchasers the piece or parcel of land or ground described in the Second Schedule to the document and delineated on the plan marked 'A'. The purchasers together with their agents, workmen, servants etc., have been given the right to pass and re-pass from the central passage of the main gate as has been shown in the plan marked 'B'. This passage is marked in burnt-sienna in plan marked 'B'. The vendor covenants with the purchasers that he has good right, full power and absolute authority to effect the sale. The covenant as to title is followed by the crucial words in a certain setting, and justice cannot be done thereto without reproducing the same at this very early stage. The recital is :

""THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASERS THAT the Vendor, his heirs... assigns and all persons... claiming title from him shall, for all times, keep the space on the West of the land agreed to be sold and specified on the plan hereto annexed and marked 'B' and thereon surrounded by a red coloured boundary line unbuilt upon and open to sky AND FURTHER THAT THE VENDOR, his heirs... and assigns and all persons claiming title from him shall not build any structure at any time hereafter higher than