1.The Plaintiff, Vithalnagar Society Ltd, a Co-operative Housing Society registered under the Bombay Co-operative Housing Societies Act, 1925 has filed the Originating Summons, for determination by this Court, of the true and correct interpretation and legal effect of some of the clauses, terms and conditions in the written instrument executed between the Co-owners Societies (being ‘Common Plots Conveyance’) and the defendant no.3 i.e. the Maharashtra Housing and Area Development Authority (MHADA) a statutory body constituted under the provisions of the Maharashtra Housing and Area Development Authority Act, 1976 , (erstwhile ‘Bombay Housing Board’, a statutory body constituted under the provisions of the Bombay Housing Act, 1948 ), for sale and purchase of lands being the common plots namely viz. the Indenture of Conveyance dated 26/04/1960.

14 individual building plot Conveyances were also executed between the Bombay Housing Board and each individual co-owners Society between 14/10/1956 and 22/11/1956. The Plaintiff seeks determination of the following questions arising from and in respect of the said common plot conveyance to the following effect:

“(a)Whether on a true an