JUDGMENT

Sandeep V. Marne J. - By order dated 13 December 2022, this Court has already observed that the Petition required admission. Hence Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, Petition is taken up for hearing and disposal.

A. The Challenge

2. Petitioners have filed this Petition challenging Judgment and Order dated 12 July 2021 passed by Appellate Bench of Small Causes Court at Mumbai in Revision Application No. 237 of 2015 thereby confirming the Order dated 15 July 2015 passed by Small Causes Court in application at Exhibit 42 filed by the Original Plaintiffs under provisions of Order XV-A of Code of Civil Procedure, 1908 directing the Petitioners-Defendants to deposit Rs.5,85,80,203/- towards arrears of water charges.

B. Facts

3. By Indenture dated 23 December 1938, Ardeshir Dadabhoi Baria and Bai Monie Ardeshir Baria (Barias) granted lease of land and building admeasuring approximately 13,000 sq. yards for a tenure of 999 years to Tarachand Navalchand Jhaveri and Ratanchand Navalchand Jhaveri (Jhaveris). It is the case of Jhaveris that Clause 8 of the Lease Deed conferred upon them right to create sub-lease in respect o