VIJAYSINH GORDHANDAS Vs. MAHDHURIBAI WD O MAHADHVDAS GOVINDJI

JUDGEMENT

(1.) BY this writ petition the petitioners, who are the trustees of a charitable trust known as "dhanji Mulji Bhatia Nivas Trust", have challenged the judgment and order dated 26 November, 1986 of the Additional Chief Judge of the Court of Small Causes at Bombay in Appeal No. 185 of 1986 holding, inter alia, that the respondent No. 1 was a protected licensee/deemed tenant as per the provisions of section 35-A (1) read with section 5 (4-A) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("bombay Rent Act") in respect of the premises of the trust in her occupation and modifying the order of the trial Court accordingly.

(2.) THE petitioners are the trustees of "dhanji Mulji Bhatia Nivas Trust". One Haridas Dhanji Mulji, under a trust deed dated 16 October, 1938 created the said trust and settled the property known as Dhanji Mulji Bhatia Nivas, 36/69 Cavel Cross Lane, Kalbadevi Road, Bombay -2, (hereinafter referred to as "the trust property" ). The said trust deed provides that the managing trustee or the trustees shall permit or allow the trust property to be used or occupied as residence by poor and indigent members of the Bhatia community free or on payment of nominal fees. The trust deed further provides that the amount of compensation or fees charged from such persons occupying the trust property should not exceed the amount of ground rent, municipal taxes and other outgoings. By the said trust deed the settler also empowered the trustees to frame rules and regulations in respect of the trust property to provide, inter alia, for (a) the admission of deserving poor and indigent Bhatia to the benefits conferred and provided by those trusts; (b) the exclusion of undesirable persons therefrom; (c) the requisites or qualifications for admission; (d) the circumstances under which any occupier may be expelled or any person receiving any benefit thereunder shall be excluded; (e) the cases in which persons other than deserving occupiers or persons may be allowed to occupy any part of the trust premises with deserving occupiers or persons; (f) the nominal fees for rents to be paid by each occupier. In pursuance of the authority given under the trust deed, the trustees framed rules applicable to persons occupying the trust property. Rules 3, 11, 12, 13 and 20 which have a bearing on the controversy in the present case are set out below :

(3.) IN pursuance of the powers conferred on the trustees, respondent No. 1 - Madhuribai was allowed by them to use room No. 3 on the third floor of the trust property at a nominal compensation of Rs. 6. 50 per month. For that purpose, she was required to submit a form to the trustees stating her net monthly income, occupation and the number of persons who would be residing with her in the trust premises. She also agreed to abide by the rules and made a categorical statement that she had no right of a tenant in respect of the premises given to her for use.