JUDGMENT - M.L. PENDSE, J.:---This Revision application is placed before me in accordance with the directions given by the learned Chief Justice on August 31, 1987 in view of the difference between Mr. Justice Sawant and Mr. Justice Guttal on the questions as to whether the suit instituted by the respondents in the City Civil Court, Bombay was maintainable.

2. The plaintiffs instituted Suit No. 1290 of 1984 in the City Civil Court on February 28, 1984 claiming that since December 1974 the plaintiffs are in possession of shop No. 4, Meghji Vallabhdas Trust Building, Dadar, Bombay. The defendant is tenant of shop premises. The plaintiffs claim that plaintiff No. 1 paid to defendant Rs. 18,500/- and the defendant handed over the premises under an irrevocable leave and licence. The plaintiffs asserted that it was agreed that plaintiffs No. 1 would pay to the defendant or the landlords of the premises the amount of monthly rent. According to the plaintiffs, the rent payable by the defendant to the landlords was Rs. 13.30 per month. The plaintiffs claim that an amount of over Rs. 20,000/- was spent for carrying out improvements in the premises. It is claimed that the defendant failed

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