1. The present appeals, which have been remanded for decision afresh, as per the judgment of the Supreme Court, in Civil Appeal No. 3233 of 2006, challenge the judgment and decree, dated 31st March 2004, in L.C. Suit No. 4385 of 1997, passed by the learned Judge of the City Civil Court, Greater Mumbai.

2. The facts, in brief, giving rise to the filing of present appeals, are as under :

(a) On 26-8-1980, an agreement was arrived at between the vendors and the appellant in Appeal No. 989/2004 (original defendant no.1 -hereinafter referred to as "promoter"), in respect of 8559.57 sqm. of land in CTS No. 1068 at village Kandivili, Tehsil Borivali, Greater Mumbai. Subsequently, under the Revised Draft Development Plan, a 44 ft. wide road was indicated and, consequently, the area admeasuring 8559.57 sqm. stood

.divided. On account of this division, a plot admeasuring 6071 sqm. emerged as the suit land. On 16-11-1984, the promoter obtained NOC under Section 21(1) of the Urban Land Ceiling Act, 1976 ("ULC Act") permitting it to construct a building with 7 wings and 137 tenements for weaker section. The construction was to be made in accordance with the prevailing Municipal Regul