JUDGMENT

Dr. B. S. Chauhan, J. —

1. This appeal has been preferred against the judgment and order dated 3.8.2009 in Civil Revision Application No. 564 of 2008 passed by the High Court of Judicature at Bombay affirming the judgment and order of the Small Causes Appellate Court dated 14.8.2008 in Appeal No. 627 of 2006 by which the appellate court has affirmed the judgment and decree dated 5.8.2006 in TE & R Suit No. 311/326/2001 passed by the Court of Small Causes at Bombay.

2. FACTS:

A. The suit premises belongs to the trust run by the respondents - Nareshkumar Badrikumar Jagad & Ors. Sh. Damodar Dass Tapi Dass and Sh. Daya Bhai Tapidas executed a lease deed dated 11.3.1893 in respect of the suit premises admeasuring 12118 sq. yds. bearing plot no. 9 in Survey No. 73 of Lower Parel Division, N.M. Joshi Marg, Chinchpokli, Mumbai-400 011, in favour of a company named Hope Mills Limited for a period of 99 years commencing from 22.10.1891. The lease so executed was to expire on 21.10.1990.

B. The original owners transferred and conveyed the suit property in favour of one Harichand Roopchand and Ratan Bai on 22.2.1907. Thereafter, the suit property came to be vested in and owned by a