ORAL JUDGMENT : - The petitioners are lessees of an open plot of land admeasuring 10700 sq. yards, situated at Vithalwadi, Nagoji Bhiku Marg, Village Ghatla, Chembur, Mumbai. On 1st June, 1969, a Leave and Licence agreement was entered into between the Petitioner and Lok Seva Education Society, the second respondent, in respect of an area admeasuring 2080 sq.yards which was an open plot of land being Survey No. 89, Hissa No.2. The case of the Second respondent is that on the basis of the Leave and Licence agreement it erected four permanent structures for a school building thereon. Another agreement was entered into on 1st November 1975 by which the petitioners granted to the second respondent a lease in respect of land admeasuring 7762.21 sq.yards of Ghatla Village, Chembur for use as a playground and for the construction of a building as mentioned in clause 9(c) of the agreement of lease. The total monthly rent agreed was 20 paise per sq.yard i.e. Rs. 1552.24. Due to a dispute between the Trustees, the society was unable to pay the rent. The Government of Maharashtra had also withheld grants -in -aid of the society. A suit for eviction was filed by the petitioners against the

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