KERSI COMMISSARIAT vs MIN.OF FOOD & CIVIL SUP.GOV.OF MAH.MUMBI

The Supreme Court held that under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999, the plaintiffs, as trustees of a public trust, were entitled to recover possession of the suit property from the defendants, who were in unlawful possession. The Court emphasized that the plaintiffs had no privity of contract with the subtenant, defendant No. 2, and thus could not be protected under the Act. The appeals were allowed, reversing the High Court's decision and restoring the Appellate Court's decree for recovery of possession and mesne profits.