KAMLABEN PURSHOTTAM Vs. H ARVINDRAI

JUDGEMENT

(1.) In this writ petition, there is a challenge to the order dated 15th November, 1991 passed by the Additional Chief Judge of the Small Causes Court, Bandra Branch, Bombay, in Int. Notice No.1108 of 1991 in R.A.E. Suit No.1560/5178 of 1981.

(2.) The said suit was filed by one Purshottam Lalji Tricumji, his wife Kamlaben Purshottam and his three sons, viz. Dinesh Purshottam, Kirit Purshottam and Yatin Purshottam. Plaintiff 1 - Purshottam Lalji Tricumji died on 26th October, 1983 and his son Kirit Purshottam, the 4th plaintiff, filed an application for deleting his name; for re-numbering the remaining plaintiffs and to amend the title of the plaint. The said application was granted; the name of plaintiff 1 was deleted; plaintiffs 2 to 5 were renumbered and described as plaintiffs 1 to 4.

(3.) The suit was filed against respondents 1 to 6, who are original defendants 1 to 6 for eviction on the grounds, inter alia, of arrears of rent change of user and illegal subletting. The case of the plaintiffs is that they are the owners and landlords of the building known as "Goverdhan Niketan" situate at 134/140, Cavel Street, Bombay 400 002. The gist of the allegations is that defendant 1, who is the tenant of Room No.8, on the 2nd floor of the said building has unlawfully sublet the said room (suit premises) to defendant 2.