JUDGMENT :

1. Heard Mr. S. D. Lotlikar, learned Senior Advocate who appears along with Ms. S. Arur, for the Appellant and Mr. P. A. Kholkar who appears along with Mr. N. Shirgaonkar, for Respondent Nos.1, 4(a) to (c) and 5.

2. This Second Appeal was admitted on 29th August 2013 on the following substantial question of law.

“1. Whether, in view of the undisputed position, that the "suit shed" was constructed by M/s Shreemala Industries of which the Respondent No. 2 was admittedly a partner, and the possession of the plot admeasuring 100 square metres, was undisputedly with the said Firm and further admitted position that the Respondent nos. 2 and 3 had started the Factory and were carrying on business therein, the execution of the Deed of Lease in respect of the "suit shed", could not be challenged by the Respondent nos. 4 and 5, nor a claim by them, to be in possession thereof, could be entertained?

3. Mr. Lotlikar, learned Senior Advocate urged for framing of an additional substantial question of law to the following effect.

“2. Whether the counterclaim filed by the original Defendant Nos.4 and 5 seeking eviction of the Plaintiff (present Appellant) was at all maintainable in the a