SUNDERDAS KARSONDAS VED Vs. KARSANDAS JETHAMAL BHATIA

JUDGEMENT

(1.) These are three different appeals preferred by three different defendants against the three judgments and decrees passed against them by the City Civil Court of Bombay in three different short cause suits on its file and they relate to three different rooms of the same premises know as Virji Peraj Bhatia Sanitorium situated at Jayantilal Vaishnav Road, Ghatkopar, Bombay 77 and they arise out of the following facts.

(2.) Short Cause Suit No. 7293 of 1974 is filed by the trustees against Sunderdas Karsondas Ved who has filed First Appeal No. 148 of 1980. Short Cause Suit No. 7294 of 1973 is filed by the Trustees against Jamkurbai Gopaldas Sawli, who has filed First Appeal No. 149 of 1980 and Short Cause Suit No. 7292 of 1973 is filed by the Trustees against Bhanji Haridas Joshi, who has filed First Appeal No. 150 of 1980 and with the consent of the parties evidence was recorded in the trial Court only in the last mentioned Suit No. 7292 of 1974 and on the basis of evidence of recorded in this suit all the three suits are decided by the trial Court.

(3.) Bhanji was occupying Room No. 16 whereas Smt. Jankurbai was occupying Room No. 8 and Sunderdas was occupying Room No. 13. Admittedly all these there persons were occupying these three rooms right from the year 1953. The plaintiffs alleged that these three different persons were inducted in these rooms as licencees with the leave and licence of the then trustees of the aforesaid sanitorium only for a period of two months from the date of their agreements. They alleged further that some time in the year 1955 there were disputes amongst the trustees regarding the management of the Trust property and therefore proceedings were taken in the Court after the sanction of the Charity Commissioner for that purpose. These proceedings went on, according to them till 1972 and in the meanwhile a Court Receiver was also appointed for the property.