A.S. Oka, J.

1. Both these appeals can be disposed of by a common judgment. We must note here that though the submissions were concluded before this Bench on 30th July, 2013, which was a specially constituted Bench, written arguments were submitted to this Court by the Appellants in Letters Patent Appeal No.272 of 2012 on 5th August, 2013 and after compiling the written arguments, files were forwarded to us on 19th August, 2013.

2. Both the appeals take exception to the judgment and order dated 5th November, 2012 passed by the learned Single Judge in Writ Petition No.3909 of 2012 and Writ Petition No.9449 of 2009. Both the Petitions were dismissed.

3. The property in dispute is plot No.228 admeasuring 1858 sq. yards equivalent to 1551.80 sq. metres bearing Survey No.228, City Survey Nos. B/736, B/737, B/738, B/739 and B/743 (for short, 'the said land') situated at Bandra, Taluka Andheri in Mumbai Suburban District. On 17th December, 1906, the Secretary of State for India in Council executed Indenture of Lease (for short, “the original lease”) in respect of the said land. The lessees under the said original lease were Mrs. E. J. Menesse and five others. The lease was init