JUDGMENT - Thakker, J.

(1) This revisional application arises out of a suit filed by Respondents 1 and 2, Original plaintiffs (hereinafter referred to as Respondents 1 and 2) in the Court of Small Causes, Bombay, for ejectment against the 3rd Respondent-original 1st defendant and the Petitioner-original 2nd Defendant . The facts giving rise to this application shortly stated are:

(2) Respondents 1 and 2, at all times material were and are the trustees of a private trust known as " the Chhotatal Hariram Trust" and as such trustees they are the owners of an immovable property situate at 307-A Bhandarkar Road, Matunga, Bombay.

(3) By an agreement of lease dated May 22, 1923 the trustees for the Improvement of the City of Bombay (the successors where of are the trustees of the Port of Bombay) agreed to demise unto one Kaikhushrau Rustom Irani a vacant piece of land and measuring 643 square yards situate at Bhandarkar Road, Matunga (on which the present property at 307-A has been erected0 on the terms and conditions therein contained. One of the conditions imposed an obligation on the said Irani to erect buildings and to execute works in accordance with the stipulations, contained in the

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