JUDGMENT - B.N. SRIKRISHNA, J.:---This is a petition under Article 227 of the Constitution of India by the petitioners impugning the judgment of the Appeal Bench of the Small Causes Court, Bombay, dated 17th September, 1985 by which the suit of the petitioners was dismissed.

2. The facts necessary for deciding this writ petition can be summarised as under:---

The suit premises consist of one room in Flat No. 21, 3rd floor of House No. 16, Cross Building at Dock Yard Road, Bombay-10. Flat No. 21 consists of three rooms and a passage. One Francis Pereria was the original tenant of the whole flat and was in occupation of the entire premises. Francies Pereira had a son named Andrew and a daughter named Mary who was married to one Boracho. During his life time Francis transferred the tenancy of the entire flat to his son Andrew. He also permitted his daughter Mary to occupy the middle room of the flat along with the members of her family. Francis died in the year 1955. Andrew filed eviction Suit No. 1251/E/61 in the year 1961 against Mary to evict her from the middle room occupied by her and her family. This suit was compromised and a decree was passed in terms of the consent terms. By

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