FUNDS AND PROPERTIES OF PARSI PANCHAYET Vs. MINOO KEKI MISTRY

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petition is taken up for final hearing and disposal.

(2.) Petitioners have filed this Petition challenging order dtd. 1/8/2024 passed by Appellate Bench of Small Causes Court allowing Revision Application No. 92 of 2024 and setting aside order dtd. 2/11/2023 passed by the learned Judge of the Small Causes Court. By order dtd. 2/11/2023, Small Causes Court had allowed application filed by Petitioners/Plaintiffs at Exhibit-18 for amendment of the Plaint. The Appellate Bench has however reversed Trial Court's Order and has dismissed the application for amendment of Plaint at Exhibit-18. Aggrieved by rejection of their application for amendment of the Plaint, Plaintiffs have filed the present Petition.

(3.) Plaintiff No.1 is a Public Charitable Trust and Plaintiff Nos.2 to 8 are its Trustees. Plot No.7 situated in D-Ward, bearing No. 3371 (6A), at Petit Compound, Behind Ness Baug, Nana Chowk, Mumbai -400 007 is the suit property. It is Plaintiffs' case that one Mr. Cawas Balsara was inducted as monthly tenant in respect of the suit plot, after whose death, his son Mr. Daravus Cawas Balsara became the tenant. That a temporary shed was put up by the tenant at the suit plot, which came to be assessed by the Municipal Corporation for levy of property taxes.