FILI FIROSE B ELAVIA Vs. F R ENGINEER

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against a finding in section 41 Presidency Small Cause Courts Act, 1882 (PSCC Act) application which will have the effect of evicting petitioners from flat bearing No. R-17, First Floor, Navrose Baug, Lalbaug, Parel, Bombay.

(2.) The aforementioned flat belongs to a public trust and was let out to the deceased father of the respondent---who shall hereinafter be referred to as "Amrolia". The rent payable by Amrolia was Rs. 25/- per , month and the flat measured about 480 sq. ft. comprising two rooms, a kitchen, toilet and passage etc. Amrolia had inducted his son Jamshed together with that persons wife and two children to stay with him in the flat aforementioned. Later on, relations between the inductor and inductees deteriorated. This led Amroila to file a section 41 PSCC Act petition against Jamshed. An order of ejectment was passed and this was on 7-2-1972. Petitioner No. 2 is the grand-daughter of Amrolia being the daughter of his daughter and petitioner No. 1 is petitioner No. 2s husband. On 19-2-1972, Amrolia addressed Ex. 2---The English rendition whereof is thus---to the petitioners and petitioner No. 1s mother Ratanmai and the children of the petitioners:---

(3.) Having regard to the submissions made before me, the points for determination are :---