T. K. CHANDRASHEKHARA DAS, J.:--- The defendant who were unsuccessful before the Bombay City Civil Court in Suit No. 1557 of 1971 are the appellants herein. Plaintiff-respondent also file cross-objections seeking certain modifications in the reliefs granted by the Court below. They challenge the judgment and decree passed by the Court below on 6th July, 1992 whereby the Court has issued certain declaration against them.

2.This case had chequered history. It was originated by a suit filed by Shri Karsandas Mulji Kapadia and Bhogilal Manilal Amin both are residents at 95 "Parijat" Marine Drive, Bombay in the High Court of Judicature at Bombay on its Ordinary Original Civil Jurisdiction on 14-10-1964 being Suit No. 495 of 1964. Subsequently, by order of the High Court dated 11-2-1971, the said suit was transferred and filed in City Civil Court and re-numbered as Suit No. 1557/71. During the pendency of the suit, defendant No. 2 expired and defendants 2(a), 2(b) and 2(c) were impleaded as legal representatives. Though the plaintiff No. 2 expired, the suit abated against him as no legal representatives were brought on record. However, sole surviving heir of the plaintiff Karasa