N M NAYAK Vs. CHHOTALAL HARI RAM

JUDGEMENT

(1.) THIS revisional application arises out of a suit filed by Respondents 1 and 2, Original plaintiff's (hereinafter referred to as Respondents 1 and 2) in the Court of Small Causes, Bombay, for ejectment against the 3rd Respondent-original 1st defendant and the Petitioner-original 2nd Defendant. The facts giving rise to this application shortly stated are:

(2.) RESPONDENTS 1 and 2, at all times material were and are the trustees of a private trust known as " the Chhotatal Hariram Trust" and as such trustees they are the owners of an immovable property situate at 307-A Bhandarkar Road, Matunga, Bombay.

(3.) BY an agreement of lease dated May 22, 1923 the trustees for the Improvement of the City of Bombay (the successors where of are the trustees of the Port of Bombay) agreed to demise unto one Kaikhushrau Rustom Irani a vacant piece of land and measuring 643 square yards situate at Bhandarkar Road, Matunga (on which the present property at 307-A has been erected on the terms and conditions therein contained. One of the conditions imposed an obligation on the said Irani to erect buildings and to execute works in accordance with the stipulations, contained in the said agreement. It appears that pursuant to the said stipulations, the said Irani executed the construction work and erected the building on the said plot of land. On compliance with the above covenants, the Trustees for the Improvement of the City of Bombay, by an indenture of lease dated April 19,1925, demised unto the said Kaikhusharu Irani the said land and buildings constructed thereon for a term of 999 years on the terms and conditions contained therein. The construction so put up came to be known as Firdoshi Buildings and later on as Kutchi House.