JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Article 227 takes exception to the order passed by the Joint District Judge, Thane dated 31-10-1991 passed below Exhibit 13 in Trust Suit No. 1 of 1991. Briefly stated, respondents No. 1 to 3 in the writ petition filed suit against the petitioner-defendant No. 1 and respondents Nos. 4 and 5 defendants Nos. 2 and 3 for the following reliefs :-

"(a) It may be declared that the suit lease deed dated 9th February 1887, executed by plaintiff No. 2 in favour of the defendant is void, bad in law and/or voidable and/or inequitable, inoperative and is not binding on the plaintiffs.

(b) It may be declared that the defendant is not entitled to seek non-agricultural permission and/or otherwise to put the property for non-agricultural use on the basis of the suit lease deed mentioned in (a) above.

(c) The defendant acting for himself through agents, servants and relatives, directly or indirectly or otherwise be restrained by an order of otherwise be restrained by an order of permanent injunction not to act on the lease deed dated 9th February, 1987 and not to get the property converted into non-agricultural use or to put the property for

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