JUDGMENT - J.A. PATIL, J.:---This is a suit for declaration, injunction and possession. The property in respect of which these reliefs are claimed is Flat No. 10 on the 4th Floor of a building known an "Roxana", situate at 109, Maharshi Karve Marg, Mumbai 400 020. The approximate area of the said suit- flat is 2850 sq. ft. The plaintiffs claim to be the owners and landlords of the said suit flat. Plaintiff No. 1 is the husband of deceased plaintiff No. 2. Defendant No. 3 is the sister of deceased plaintiff No. 2. The suit flat was previously in occupation of one Minocher Hormasji Nariman, as a tenant thereof. He died issueless on 24th May, 1993.

2. According to the plaintiffs in the year 1984 the owners and landlords of the Roxana building had evolved a scheme to sell the flats and garages in the suit building on ownership basis with a view to form a co-operative housing society or a limited company. For that purpose they had given offers to the occupiers/tenants in the said building. The plaintiffs, on coming to know about the scheme, approached the tenant Minocher Hormasji Nariman and requested him to buy the suit flat as he was the tenant thereof. According to the plaintiffs the

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