JUDGMENT - R.A. JAHAGIRDAR, J.:---An application, being Ejectment Application No. 5/23/E of 1975, has been filed in the Small Causes Court at Bombay, by the Board of Trustees of the Port of Bombay, which is the respondent in this petition, against two petitioners under section 41 of the Presidency Small Cause Courts Act before its amendment in 1976. That application has been filed for ejecting the petitioners from a plot of land measuring 301. 01 sq. metres which is in possession of the petitioners under the permission granted by the respondent. In that application the petitioners raised a contention that they are the tenants of the premises from which they are being sought to be ejected. The contention of the respondent that the premises in question are exempted under section 4 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter referred to as “the Bombay Rent Act”, was countered by the petitioners by contending that the respondent is not a local authority.

2. The learned Judge was called upon to decide the question as to whether the respondent is a local authority. The answer of the Court below was in the was in the affirmative. This ord

Click Here to Read the rest of this document