The main legal point established in the judgment is that the plaintiffs must establish themselves as the sole legal heirs in order to claim the rights flowing from the agreements and deeds related to the property.

Rule. Heard forthwith by consent of the parties.

2. The Appellants/original plaintiffs have challenged order dated 17 August 2013 passed by the Civil Judge, Senior Division, Kalyan whereby an application for injunction (Exhibit 5) stands rejected and the status-quo granted on 13 June 2012, stood vacated.

3. The Appellants have filed the present Suit some time in June 2012 on the foundation that they are the legal heirs of one Kasam J. Rajkotwala (the deceased) and, therefore, being legal heirss and the owners of the property in question, prayed for setting aside Agreement dated 27 January 1995 in favour of Defendant No.3, now further transferred in favour of Defendant No.4 and also prayed to set aside and declare null and void Conveyance Deed dated 28 February 2012 and Correction Conveyance Deed dated 25 April 2012 and Indemnity-cum-Declaration Bond dated 27 February 2012. They also prayed for injunction/interim protection covering the rights flowing from these Agreements and specially the rights of Transfer of Development Rights (TDR) as contemplated under the Development Control Regulations for Greater Mumbai, 1991 (For short, DC Regulations). Development Agreement dated 27 March 2003 including Irrevocable General Power of Attorney dated 17 March 2003 in favour of the Respondent No. 4 by Respondent No. 3 are also not in dispute.

4. Based upon Agreements of 1995, on the lands in question, the contesting Respondents erected about 450 residential and commercial units subject to Banks and Financial institutions loans by the respective purchasers, as well as, the parties, apart from the private financers. There are about 5 societies formed by the purchasers of the residential and commercial units. The Respondent/Corporation (Kalyan Dombivli Municipal Corporation) has also issued completion certificate for the same. The multiple third party rights have already been created since long.

5. Kasam expired on 15 August 1911. The Suit was filed some time in June 2012 by the Plaintiffs claiming to be the legal heirs of Kasam. Agreement dated 27 January 1995 which was admittedly signed by Kasam for himself and on behalf of 2 to 10 legal heirs/parties as mentioned in the agreement. All other documents signed-executed and the parties proceeded accordingly, as there was no objection of any kind during the lifetime of Kasam. There is nothing on record to show that the Plaintiffs, at any point of time, claimed and/or referred and/or insisted to be the owner of the properties in question, based upon their claim being the only legal heirs of Kasam. Strikingly, the deceased was fully aware of these developments and so also his legal heirs. Everything was as per the basic Agreements and time to time executed documents and granted permissions/sanctions by the Corporation.

6. The Corporation, when grants permission to construct any building and/or premises and/or society is required to follow their own rules and regulations including the inspection and the verification of the documents of title and/or related agreements. The Indemnity-cum-Declaration bonds also binds the Corporation, as well as, the owner of the land. Mere sanction of particular project itself is not sufficient. There are various other connected and related aspects which required to be developed with the permission and sanction from the Corporation including the surrounding roads and/or D.P. Roads as contemplated under the D.C. Regulations.

7. There is no dispute with regard to the basic agreement and the property covered by it. The project in question is admittedly on the basis of those lands subject to sanction/permission from the Corporation. It is always matter of record that owner/developer required to demarcate the area consumed for the project and also the remaining area and/or balance area. The owner/developer is also take note of commercial aspects of plots/land while considering and/or while erecting any project and/or while fixing the price of the flats an