(1.) OUT of the above petitioners, three petitioners filed separate declaratory suits before the Presidency Small Causes Court for a declaration that they are the tenants governed by provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called as the Act ).
(2.) HIRALAL S. Shah filed R. A. Declaratory Suit No. 5399 of 1973, Fatehkumar Motichand Jhaveri filed R. A. Decl. Suit No. 5400 of 1973 and one Shri Jethalal B. Shah filed R. A. Decl. Suit No. 3727 of 1975. During the pendency of this suit Jethalal Shah died and his legal representatives Chancalben J. Shah and others continued the suit. After they filed the suit, the respondent Shri Vile Parle Shwetambar Murtipujak Jain Sangha and Charity Trust, along with its trustees filed Ejectment Applications bearing E. A. No. 185/e/1975, E. A. No. 186/e/75 and 188/e/75 before the suit Court. The petitioner claimed the tenancy against the respondent in respect of Room No. 13,14,16, i. e. Shri Fatehkumar Motichand Jhavari claims Room No. 13, Hiralal Shah claims Room No. 14 and Jethalal Shah claims Room No. 16.
(3.) AFTER conducting a joint trial of the suits and the applications, the Presidency Small Causes Court decreed the suit in favour of the petitioners, holding that they are the tenants in respect of rooms claimed by them respectively and in the Ejectment Applications, the preliminary objections raised by the petitioners were sustained under section 41 of the Small Causes Court Act. Against this common judgment, six Appeals were filed by the respondent before the Appellate Court, they are Appeal No. 300/86, Appeal No. 245/86 and Appeal No. 299/86 challenging the decree passed by the trial Court, confirming the tenancy right on the petitioners. Other three Appeals, i. e. Appeal No. 292/86, Appeal No. 295/86 and Appeal No. 325/86 are the Appeals filed against sustainability of the preliminary objections raised by the petitioners herein i. e. the respondents. These Appeals were heard together by the lower Appellate Court. The lower Appellate Court dismissed the suit filed by the petitioners and over ruled the preliminary objections raised before the trial Court by the petitioners herein and the parties are directed to proceed with the Ejectment Applications. It is this common judgment of the Appellate Court that is impugned in all the above writ petitions.