JUDGMENT:- These two writ petitions can be disposed of by a common judgment since the parties to both the petitions, are common. The petitioners are the original defendant Nos.1 and 2 while the respondent Nos.1 to 5 are the original plaintiffs and the respondent Nos.6 to 10 are the original defendants. The parties shall hereinafter be referred to as the plaintiffs and the defendants.

2. The facts giving rise to these petitions, are as follows:

The plaintiffs contend that they are the sons of late Paulina D'Souza, who died on 18.11.1972. By virtue of a deed of succession dated 07.03.1990, the plaintiffs have been declared as successor of late Paulina D'Souza. She was also known as Dorathina. The defendant Nos. 1 and 3 are the real brothers while the defendant Nos.2 and 4 are their wives. The defendant Nos.5 to 10 are the tenants in the suit property. By virtue of sale deed dated 28.10.1967, the defendant No.3 Jose and Paulina D'Souza became the owner of the plot No.12 having an area of 488.25 square metres. In the year 1968-1969, said Paulina and Jose along with the defendant No.1, decided to construct a building in the property purchased by Paulina and the defendant No.3. Accordingly

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