JUDGMENT

N. J. Jamadar, J. - These appeals are directed against the judgment and decree dated 28th april, 2010 in SC Suit No.7239/1998, passed by the learned Judge, City Civil Court, Greater Bombay, Borivali Division, whereby the suit preferred by the appellants in appeal No.296 of 2011 came to be dismissed.

2. Shorn of unnecessary details the background facts leading to these appeals can be stated as under:

(a) The plaintiffs appellants in First appeal No.296 of 2011 are the trustees of Shri Laxmi Hardevi Tejbhan Grover Manavkosh, a charitable trust. The trust is the owner of the property bearing Survey No.257 Hissa No.1 of Danda, Bandra (W), andheri, under City Survey No.1336, admeasuring 635 Sq. Yards. equivalent to 531.5 Sq. Mtrs., more particularly described in the Schedule (Exhibit-B) annexed to the plaint. The defendant is a Cooperative Housing Society registered under the Maharashtra Cooperative Societies act, 1960 ('the act, 1960').

(b) Pursuant to the Deed of Gift dated 2nd april, 1975, executed by the partners of M/s. Navneet Builders, the plaintiff, acquired ownership over the suit property. The defendant is a Co-operative Housing Society of allottees of flats in a building