JUDGMENT - DHABE H.W., J.: - This is a revision by the defendant against the order of the learned trial Court holding that it has jurisdiction to proceed with the suit filed by the non-applicant plaintiff.

Briefly, the facts are that the non-applicant plaintiff is a public trust registered under the provisions of the Bombay Public Trusts Act. Similarly, the defendant is also a public trust registered under the provisions of the Bombay Public Trusts Act. There was an agreement between the parties arrived at on 1-12-1970, according to which, the plaintiff trust was allowed to conduct school classes in some of the rooms in a building belonging to the defendant. It was agreed to between the parties that after the academic session is over, the plaintiff should hand over the class rooms to the defendant for being let out for the marriage or some other functions so as to enable it to get income from the same. However, it was further agreed that after the summer vacation is over, the rooks should be handed over back to the plaintiff for running the school classes. According to the plaintiff, it was the tenant of the suit premise although the defendant disputed it.

2. It is the case of the

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