JUDGMENT :

1) The present Writ Petition filed under Article 227 of the Constitution of India challenges the impugned judgment and decree dated 6 February 2001, passed by the Appellate Bench of the Small Causes Court, which allowed the appeal filed by the respondents thereby reversing the judgment and decree passed by the trial Court.

FACTS:

2) The suit premises is a shop bearing No.250B, situated at ground floor of Godavari Bhuvan, L.J. Road, Dadar (West), Mumbai – 400 208, admeasuring about 250 sq.ft. The petitioners are the tenant, and the respondents are the landlords of the suit premises. For sake of convenience, parties are referred to as tenants and landlords hereinafter.

2.1) In the year 1944, tenancy was created in favour of the petitioners’ father for monthly rent of Rs.30/-, and he was put into possession. On payment of rent, receipts were issued from time to time.

2.2) Since the landlord in the year 1956 was contesting for the Assembly Election of State of Maharashtra, he required space for opening office for election companion, and as the suit premises was situated on the front side of a prominent road, the landlord requested the tenant to allow him to use the suit prem