KEWAL MEHRA Vs. PRITA K SHABJI

JUDGEMENT

(1.) The petitioners in the above Special Civil Application were defendants Nos. 2 and 3 in a suit filed in the Court of Small Causes at Bombay on Novmber 3, 1961 to recover possession of Flat No. 25 from the said defendants and defendant No. 1 Parasram V. Tahilramani.

(2.) The plaintiffs case as made out in the suit, briefly stated was as follows.

(3.) The plaintiffs Mrs. Ratnam Kumarappa and Mrs. Lalita Kotwal, who are no more and who are now represented by respondents Nos. 1 to 3 in the above petition, as their heirs and legal representatives, were the members of a Co-operative Housing Society Limited, having its registered office at Thakur Niwas, 173, Jamshedji Tata Road, Fort. Bombay-1, in which the suit flat No. 25 is on the 6th Floor. First defendant was their tenant in the said flat. The plaintiffs described the petitioners as the licensees of the first defendant using only a portion of the flat now in the respective occupation which undisputedly consists of two rooms in the above flat. It was alleged that the first defendant was recovering from defendants Nos. 2 and 3 a monthly compensation of Rs. 600/-.