Judgment

VAIDIALINGAM, J.- This appeal, by special leave, by defendants 5 to 7, is directed against the order dated December 2, 1968 of the Bombay High Court in Special Civil Application No. 2545 of 1968 filed by the appellants under Article 227. The circumstances leading up to the filing by the appellants of the Special Civil Application in the High Court may be briefly mentioned.

2. Respondent No. 1, as plaintiff instituted Rent Act Suit No. 784/6206 of 1963 in the Court of Small Causes at Bombay against Jayantilal Dayalal and Co., respondent No. 2 herein and its three partners, respondents 3 to 5 who were defendants 1 to 4. The appellants herein were impleaded as defendants 5 to 7. According to the plaintiff, respondents 2 to 5 were the owners of an open plot of land known as Jalaram Nagar, situate in Greater Bombay and were doing business of construction. The said defendants represented to the plaintiff that they were putting up a building in the said property according to the plans and specifications submitted to the Bombay Municipality. The plaintiff applied to the defendants to let to him, on the basis of a monthly tenancy, a portion of the building to be constructed as soon a