Kersi Commissariat & Ors vs Min.Of Food & Civil Sup.Gov.Of ...

The Supreme Court held that the plaintiffs, as trustees of the Parsee Girls' School Association, were entitled to recover possession of the suit property under the Maharashtra Rent Control Act, 1999, specifically noting that the defendants were not protected under Section 3(1)(b) of the Act. The Court found that the plaintiffs had the requisite privity of contract only with defendant No. 1 and not with defendant No. 2, who was unlawfully occupying the premises. The Court upheld the lower court's decree for recovery of possession and assessed future mesne profits under Order 20 Rule 12(1)(c) of the Code of Civil Procedure.