BPP: Eviction matters - update

BPP: Eviction matters

Stating that the plaintiffs had "played fraud upon the court and the defendants,” Small Causes Court Judge G. L. Masand dismissed on October 15, 2018 the eviction suit filed by the landlord Sir Jamsetjee Jejeebhoy Parsee Benevolent Institution (SJJPBI) (plaintiffs) against their tenants the Bombay Parsi Punchayet (BPP). Masand stated the SJJPBI had "suppressed material facts and vital document (SJJPBI trust deed) from the Court and the defendants.” The SJJPBI had filed an eviction case against the BPP in 2002 stating they required the premises on 209 Dr Dadabhai Naoroji Road for their Sir J J Fort Boys’ and Girls’ High School.

The SJJPBI trust deed "shows that the object of the trust was to provide education to Parsi Zoroastrian student(s) only.” The order states that the plaintiffs had not specified the objects of their trust in the plaint and have "deliberately and intentionally...and maliciously” kept the court and the defendants in the dark. The certified copy of the SJJPBI trust deed was obtained by the BPP only on January 21, 2018.

"There was no requirement of suit premises for education as only me(a)ger number of Parsi students are left (the others are non-Parsis). Therefore the plaintiffs are not entitled to any relief of possession of suit premises,” said Masand’s order.

"When asked by Parsiana on October 22 if he had comments to make on the judgment, the plaintiff’s trustee Sir Jamsetjee Jejeebhoy replied, "We do not wish to comment on the order.” Whether to appeal the decision or not will be decided after studying the order, he had informed Parsiana on October 15.