Oral Judgment:

1. Appellants are original plaintiffs and respondents are original defendants. Appellants are challenging the judgment and order passed by the City Civil Court, Bombay in Special Civil Suit No. 6405 of 1975 whereby the learned Judge of the City Civil Court was pleased to dismiss the suit filed by appellants.

2. Brief facts are as under:-

3. Appellants (hereinafter referred to for the sake of convenience as “plaintiffs’) filed Special Civil Suit No. 6405 of 1975 against respondents (hereinafter referred to for the sake of convenience as “defendants”), seeking decree against defendants for eviction from the suit premises on the ground that they are trespassers, secondly, for damages to the tune of Rs 8,500/- and, thirdly, for mesne profit @ Rs 500/- per month for their illegal occupation of the said structures.

4. The Bombay Port Trust is the owner of the land bearing Survey Nos.11/671 and 12/671 of Margaon Division admeasuring about 1950 sq. yards. It is an admitted position that the Bombay Port Trust has leased out the said land to M/s Kothari Saw Mills (For short “KSM”) who had, when they were in possession of the said land, erected some structures on t