This Revision Application is directed against Judgment of the Appellate Bench of the Court of Small Causes upholding the decree of ejectment of the Applicants passed by the learned Trial Judge in RAE Suit No.1298 of 1968.

2. According to the parties, on 24th September, 1856 one Framjee Nusserwanjee leased out with effect from 1st January, 1855 to one Cammoo Yacoob a 100 x 30 yards piece of land presumably with a godown bearing No.28 at Colaba, Mumbai for a period of 99 years. The Lease Deed also gave an option to said Cammoo Yacoob to seek renewal of lease for a further period of 99 years. It is not in dispute that the Plaintiff - trust are successors in interest of said Framjee Nusserwanjee and the interest of Cammoo Yacoob fell upon Cammoo Yacoob Charitable Trust. The original Defendant Nos.1 to 7 were the trustees of the said Cammoo Yacoob Charitable Trust.

3. The Plaintiffs claimed that the lease of Cammoo Yacoob Charitable Trust expired on 1st January, 1954. Yet the lessees continued to possess the property. By notice dated 5th October, 1960, the lessors terminated the tenancy, if any, of the lessees, that is, Cammoo Yacoob Charitable Trust and by notice dated 20th June, 1966 called upon the tenants to vacate the premises. It was also alleged that the tenants had committed breach of terms of the lease by replacing some doors, roofs, plastering of walls and flooring etc. By notice dated 23rd December, 1967 the lessors called upon the tenants to rectify the breaches. The lessors also alleged the tenants were in arrears of rent and permitted increases and therefore, by the Suit filed in the year 1968, sought ejectment of the tenants, that is, Cammoo Yacoob Charitable Trust.

4. By an amendment, the landlords also alleged that Cammoo Yacoob Charitable Trust had unlawfully sublet the premises to the present Applicants with effect from 25th March, 1994 and therefore, sought their ejectment.

5. A similar Suit was filed against Cammoo Yacoob Charitable Trust for another plot of land bearing No.27.

6. By Written Statement, the present Applicants, that is, the Defendant Nos.8 to in the Suit, claimed to have been in exclusive and an interrupted possession of the premises since 1953 and therefore, claimed protection under the Bombay Rent Act.

7. The learned Trial Judge decided both the Suits filed by the landlords by a common Judgment. As far as the present Applicants are concerned, the learned Trial Judge held that the unlawful subletting to the present Applicants was proved and therefore, held that the landlords were entitled to recover possession of the suit premises. Both the Cammoo Yacoob Charitable Trust and the subtenants, that is, the present Applicants' appealed and these Appeals were decided by the Appellate Bench by a common Judgment which is impugned in this Revision Application by the Applicants alone. Cammoo Yacoob Charitable Trust or its trustees, who were the original Defendant Nos.1 to 6 have not questioned the said Judgment.

8. I have heard the learned Counsel for the parties and also have gone through their written submissions, in order to find out if the Courts below have erred in recording findings which were untenable or perverse or if they had committed any illegality by looking into inadmissible evidence or refusing to look into admissible evidence. In the absence of any material to show that not the Respondents herein, but some one else, were the successors in interest of the original lessors, the applicants' challenge to their capacity to sue the applicants and the original lessors was rightly repelled by the Courts below. Incidently, the original lessees, that is the trustees of Cammoo Yacoob Charitable Trust, had accepted the Respondents as landlords in respect of the property. Though, Lease Deed dated 24th September, 1856 would have enabled Cammoo Yacoob Charitable Trust to seek renewal and though the trustees claimed that there were negotiations between the trustees and the landlords. There is