1972 Supreme(Bom) 32
G.N.VAIDYA
Kishinchand Murjimal and Ors – Appellant
Versus
Bal Kalavati. – Respondent
JUDGMENT - 1. These three Special Civil Applications under Article 227 of the Constitution of India are filed by the Trustees of a Public Charitable Trust known as "Manikram Menghraj Trust." It is trust registered under the Bombay Public Trusts Act, 1950. The trustees filed three suits. R.A.E. Suit No. 4497 of 1963, R. A. E. Suit No. 782/6191 of 1963 against respective tenants who are the respective respondents in the three petitions. The suits were decreed by the trial Court and the decrees for eviction under Section 13 (1) (g) read with Section 13 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, in all the three suits were set aside in the three appeals filed by the respective tenants before the Appellate Bench of the Court of Small Causes on the ground that greater hardship would be caused to the tenants if a decree for eviction is passed. The said decision of the Small Causes Court is challenged in all the above petitions; and the principal question which arises for determination in these three petitions is as to whether the Appellate, Bench was right whether the Appellate Bench was right in refusing to pass a decree in the facts and circumstances of th
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