V.C. Daga, J.

.1. The un-successful Defendants in a suit, suffering from a decree of eviction from the suit premises, are the Petitioners herein.

.BACKGROUND FACTS:

2. Thefactual background of the dispute lies in a narrow compass and it is this:

3. The suit had been filed on 16th February, 1978 by the Plaintiffs/Respondents herein against the Original Defendant, being the Predecessors of the Petitioners under Section 41 of the Presidency Small Cause Courts Act, 1882 inter alia; seeking decree for eviction from the suit premises, arrears of compensation and mesne profits.

4. The suit was decreed on 2nd December, 1988. The Appeal against the said decree preferred by the Petitioners being Appeal No.40 of 1989 was dismissed on 22nd February, 1991. This judgment and decree is a subject matter of challenge in this Writ Petition filed under Article 227 of the Constitution of India.

5. During the pendency of the suit, the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short the " Public Premises Eviction Act") came to be amended by the Act of 61 of 1980 effective from 20th December, 1980 with the result, the suit premises came to be included in the definiti