D. G. Deshpande, J. - (1.)Heard advocate Mr. Nesari for the appellants and advocate Mr. Murthy for the respondent. Appellants are the original defendants and, Respondent is the original plaintiff. I will refer to the parties as the plaintiff and defendants. The case of the plaintiff is as under :-
(2.)Plaintiff is the son of defendant no. 1 - Pramila and brother of Defendant No. 2 - Shekhar. Defendant No. 1 Pramila was the employee of Bombay Municipal Corporation; she was allotted a plot No. 45 in a plot of owners co-operative society formed by municipal employees. She constructed a bungalow consisting of ground floor on the said plot. According to the plaintiff till 1982 he was employed as resident doctor in Wadia Hospital, bombay. He gave up his employment in 1982 and started residing in the suit premises i. e. in his mother's bungalow. He got married thereafter and he started his hospital at Borivali. This is the background for the further case of the plaintiff.
(3.)Some time in 1985 it was mutually agreed and decided amongst the plaintiff, the defendants and one more brother dr. Kishore Dabhoya that since there was available FSI, two more flats could be constructed on the suit bungalow by raising two floors so that each of the son could have one floor each and, it was mutually agreed between the parties to do so. It was further agreed that first floor would be occupied by defendant Nos. 1 and 2 and second floor would be occupied by Dr. Kishore who was not a party to the proceedings. The plaintiff further states in the plaint, "with the agreement and understanding for construction of first floor, and the extension ground floor by about 450 sq. ft. which is presently used by plaintiff as is bed room and study room".