1.Heard finally, by consent.

2. The Petitioners-Original Defendant Nos. 2 and 3/tenants have challenged the impugned order dated 30th September, 2008 passed on Exhibit 9 in Appeal No.395 of 2008 in R.A.E.Suit No.975/1640 of 2000 by the Appellate Bench of the Court of Small Causes at Bombay, to the extent of fixing the monthly compensation of the flat at Rs.50,000/- p.m. and directing the Petitioner to pay the same till the disposal of the Appeal.

3. The Petitioners’ case is- Prior to 1997-1998, one Laldevi Trust was the owner and the landlord of a building known as "Inder Bhuvan" situated at Pandita Ramabai Road, Mumbai 400 007. The said building consists of the ground and two upper floors.

4. Late F.S.Vakil, the Grandfather of Respondent No.4 was a tenant in respect of Flat No.3 (which was later on numbered as Flat No.2), on the West Side on the First Floor of the said building. The said flat admeasures about 1000 sq.ft., and consists of two bed rooms, hall, kitchen, dining room and two bath cum W.C. blocks. The said building has no lift facilities nor a compound and/or car parking space.

5. In the month of March, 1963, late F.S.Vakil created leave an