JUDGMENT :

M.M. SATHAYE, J.

1. By these petitions under Article 226 & 227 of the Constitution of India, the Petitioner/Original Plaintiff society is challenging common Judgment and Decree dated 29/03/1995 passed by the Appellate Bench of Small Causes Court at Bombay (Bandra) in Appeal Nos.253 of 1986, 268 of 1986 and 254 of 1986. By this common Judgment and Decree, the said appeals filed by three set of Defendants (Defendant Nos. 4, 4A and 5) were allowed, thereby setting aside the Judgment and Decree (of eviction) dated 21/02/1986 passed in R.A.E. Suit No. 2153/7487 of 1974. The dispute arises out of BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL ACT , 1947 (hereinafter referred to as ‘Bombay Rent Act’, for short).

2. Few facts shorn of unnecessary details are as under. The Petitioner filed the said suit against six Defendants for eviction from the suit premises under provisions of Bombay Rent Act. That by deed of conveyance dated 30.07.1966, Petitioner-Society purchased part of property known as ‘Kalyanpur’ situated at 130, Hill Road, Bandra, Mumbai from previous owner-Dr. Rebello. That prior to such purchase, one Mr. Ibrahim L. Contractor was in occupation of ground floor of