1. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners/defendants have questioned the concurrent judgments delivered by the Trial Court as also the Appellate Court granting a decree of their eviction to respondent no.1 – Public Trust. Respondent no.2 is the Appellate Forum namely District Court, Nagpur while the respondent no.3 is the Trial Court i.e. Small Causes Court at Nagpur. The judgment of Trial Court is dated 07.12.2009 and it is delivered by the 2nd Additional Small Causes Curt, Nagpur in Regular Civil Suit No. 238/2005. Judgment of Appellate Court is dated 23.07.2010 and it is delivered by District Judge9, Nagpur in Regular Civil Appeal No. 11/2010. Respondent no.1 – Public Trust sought eviction of defendants from a shop block admeasuring 700 sq. ft. on account of their need to construct a temple and a community hall on the plot of trust. The trial Court as also Appellate Court have found suit maintainable, not bad for nonjoinder of all Trustees and also need established by respondent no.1 landlord. It is also found that tenants could not establish that greater hardship will be caused to them.

2. I have heard Shri A.M.