(1.) This Writ Petition is filed under Article 227 of the Constitution of India, challenging the concurrent findings recorded by the Judge of Small Causes Court at Mumbai and by the Appellate Bench of the Court of Small Causes at Mumbai.
(2.) The Petitioners are original defendants against whom eviction suit was filed by the Respondent as trustees of trust which runs a school in the city of Mumbai called as 'Activity High School', under the provision of Sec. 41 of the Presidency of Small Cause Court Act.
(3.) It is the case of the Original Plaintiff Trust that defendant No.1, who is Petitioner No.1 in this Writ Petition was a peon working in the school. The said Defendant No.1 was allowed to reside in two rooms on the second floor of the school building as a Gratis, along with his family members, i.e., Defendant Nos.2 to 5.