JUDGMENT - BHIMRAO N. NAIK, J.:--Writ petition No. 2434 of 1982 is the petition filed by the plaintiffs-trust challenging the dismissal of the suit filed against respondents on the ground of non-payment of rent.

2. Few facts which are relevant for the purpose of this petition are as under:-

The petitioners-plaintiffs filed Regular Civil Suit No. 276 of 1975 in the Court of Civil Judge, Junior Division, Pandharpur for possession on the ground of non-payment of rent under the provisions of Bombay Rent Act. The plaintiff-Society is registered as per the provisions of Societies Registration Act so also it is registered under the provisions of Bombay Public Trust Act. Suit property in dispute is owned by the plaintiff-Society. It appears that the plaintiff-Trust held meeting of its Karyakari Mandal on 28th May, 1961 and passed Resolution to lease out the suit property to defendant-Firm for 60 years since 10th October, 1961. In pursuance of the said lease deed possession was handed over to the defendants. The registered lease deed was executed by the defendants in favour of the plaintiffs. The lease deed appears to have been signed by plaintiff Nos. 1 and 2 on behalf of the plaintiff-Society and also by deceased defendant No. 1 on behalf of the defendant firm. Since the defendant failed to pay the rent, the plaintiffs were required to issue a notice of demand and they filed Regular Civil Suit No. 152/68. This suit was compromised on 14-10-1970 and compromise decree was passed. Thereafter, the defendants paid rent upto 10th October, 1970 and since 11th October, 1970 they remained in arrears, and notwithstanding the demands made by the plaintiffs, tenants were not paying the rent. As per the conditions, they were required to pay Rs. 2,000 per annum since 11th October, 1970 for a period of one year and thereafter defendants were required to pay of Rs. 3,000/- per year since 11th November, 1971. Since defendants failed to pay this amount since 11th October 1970 upto 10th October, 1974, Notice of Demand was issued and on 10th October, 1974 the suit was filed, for recovery of the amount of Rs. 8,000/- after deducting the amount of Rs. 3,000/- paid by the defendants on 1-6-1972 and the amounts paid on 2nd February, 1973 and 13th September, 1973 of Rs. 1,000 each.

3. The defendants appeared in the suit and they filed their written statement. Initially written statement was filed by defendant No. 3 which was adopted by other defendants. The main contention raised by the defendants was that the plaintiff-Trust is registered under the Public Trust Act and since all the Trustees have not filed the suit, the suit as filed only by the Chairman and the Secretary as the Trustees is not maintainable and the same is liable to be dismissed. They denied the fact that they are defaulters. They insisted on fixation of standard rent.

4. The learned Civil Judge, Junior Division on merits recorded a finding that the defendants were defaulters and they were liable to pay the rent as claimed i.e. rent of Rs. 2000/- for the year 11th October, 1970 to 10th October, 1971 and Rs. 3000/- thereafter and the standard rent was also fixed at Rs. 2000/- per year upto 10th October, 1971 and Rs. 3000/- per annum thereafter. It is not in dispute that all the trustees have not been joined as parties. This was the main issue which was contested. The trial Court relied upon the Full Bench decision reported in A.I.R. 1973 Gujrat 113, (Atmaram Ranchhodbhai v. Gulamhusein Gulam Mohiyaddin)1, also arising under the Rent Act, and held that the suit filed only by Chairman and one of the Trustees i.e. Secretary is not maintainable.

5. The contention raised by the petitioner that the petitioner-Trust in any event is registered under the provisions of Societies Registration Act and in view of the provisions of section 6 of the Societies Registration Act, 1860 the Chairman and the Secretary are entitled to file the suit and hence the suit would not be bad in view of the provisions of Or

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