AWABAI MUNCHARJI CAMA Vs. M N KAKA

JUDGEMENT

(1.) The writ petitioners are the owners of a property called Nesbit Hall situated at Nesbit Road, Mazgaon, Bombay. The respondent is a tenant inducted in September 1960 under an express agreement of lease. In 1966 the landlords filed R.A.E. & R. Suit No. 105/1002 of 1966 claiming from the tenant (respondent before me) possession of the suit premises on several grounds as stated in the plaint. These grounds are summarised in para 8 of the plaint. I will only indicate the four grounds urged before me in the Writ Petition since the landlords who succeeded in the trial Court failed in the appeal.

(2.) Aggrieved by the decision of the Appellate Bench of the Small Causes Court allowing the tenants appeal, the landlords (original trustees) have filed the writ petition.

(3.) The grounds on which eviction of the tenant was sought and the possession of the premises claimed are as under :---