JUDGMENT

KASLIWAL, J.:— This appeal by special leave has been filed by the defendant in a suit for possession against judgment of Division Bench of the Bombay High Court dated 16th July, 1976.

2. A non-agricultural plot of land admeasuring 1200 sq. yards situated in village Malad belonged to D. B. Conceicao (since deceased). Plaintiffs Nos. 1 to 4 being the brothers and plaintiff No. 5 widow of D. B. Conceicao filed a suit on 28th March, 1959 in the City Civil Court, Bombay for possession of the suit land against the present appellant. D. B. Conceicao had died on March 3, 1959 before filing of the above suit. The suit was brought on the ground that the defendant No. 1 (appellant) had entered into possession of the suit land under a writing of October 3, 1953. In the said letter it was stated that the suit land admeasuring about 1200 sq. yards had been given on a ten years lease. The defendant had to pay annually Rs. 240/-. It was alleged that the said lease was required to be registered compulsorily and in the absence of such registration the lease was void and the defendants were trespassers. It was also alleged in the plaint that the defendant No. 1 did not pay any amount except a