Judgment

SABYASACHI MUKHARJI, J. - This petition is for leave to appeal against the judgment and order of the Division Bench of the Bombay High Court dismissing Letters Patent Appeal from the order of the learned Single Judge. The lst respondents being the trustees for the Port of Bombay are the owners of plot of land bearing Plot No. 62 admeasuring 576 sq. yards lying and situate in Poona Street, Elphinstone Estate, Bombay 3. In or about 1945 the trustees of the port of Bombay granted lease of the said plot of land to one Mustafa Husein for the purpose of erecting a godown for carrying on commercial activities at a monthly rent of Rs. 925/- which later on was increased to Rs. 1,465/-. In or about 1946 Mustafa Husein being the lessee of the 1st Respondent erected a permanent godown of brick, mortar and cement. The said Mustafa Husein in 1958 granted lease of the said godown to the petitioners; the area of the godown is about 3,000 sq. ft. It is alleged that petitioners have since been carrying on their business in the said godown. The Trustees of the Port of Bombay filed suit against the heirs of Mustfa Husein for eviction from the lease granted to Mustfa Husein for termination of t