JUDGMENT -Dr. B.P. SARAF, J.:-By this writ petition the petitioners, who are the trustees of a charitable trust known as "Dhanji Mulji Bhatia Nivas Trust", have challenged the judgment and order dated 26 November, 1986 of the Additional Chief Judge of the Court of Small Causes at Bombay in Appeal No. 185 of 1986 holding, inter alia, that the respondent No. 1 was a protected licensee/deemed tenant as per the provisions of section 35-A(1) read with section 5(4-A) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("Bombay Rent Act") in respect of the premises of the trust in her occupation and modifying the order of the trial Court accordingly.

2. The petitioners are the trustees of "Dhanji Mulji Bhatia Nivas Trust". One Haridas Dhanji Mulji, under a trust deed dated 16 October, 1938 created the said trust and settled the property known as Dhanji Mulji Bhatia Nivas, 36/69 Cavel Cross Lane, Kalbadevi Road, Bombay -2, (hereinafter referred to as "the trust property"). The said trust deed provides that the managing trustee or the trustees shall permit or allow the trust property to be used or occupied as residence by poor and indigent members of the Bhatia community fr

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