JUDGMENT - S.C. PARATAP, J.:---Arising for determination in this appeal by the original plaintiffs is a question of some importance under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter the Act).

2. Since the year 1950 or so the defendant (respondent) herein has been plaintiff's tenant of room No. 18 on the first floor of a building known as Morarji Gokuldas Deoji Trust Building situated at Kennedy Bridge in the City of Bombay. In or about October 1968, the defendant purchased a car which he commenced parking in the open space of the compound of the said building. The plaintiffs objected. As many as three notices were issued to remove the car from the said compound and cease packing it there. The defendant did not comply nor did he reply to any of these notices. The plaintiffs thereupon filed the instant suit for a declaration that the defendant, by parking his car in the compound, was committing trespass and for permanent injunction restraining him from doing so. The defendant raised two defences viz., (a) he was parking the car under express permission from one of the trustees; and (b) in any event, he had, under the Act, a statutory right to do so.

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