“Suppressed material…”

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) against their tenants, the Bombay Parsi Punchayet (BPP). Masand stated the SJJPBI had "suppressed material facts and vital document (the 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 School is housed on the lower floors of the building. The BPP occupies most of the third floor along with the SJJPBI office.

Sir J. J. Fort Boys’ and Girls’ School housing the Bombay Parsi Punchayet office

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 reportedly 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,” stated 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 earlier informed Parsiana on October 15.
The BPP board felicitated advocate Kersasp (Kersi) Bhot on October 16 on winning the case. Bhot vociferously fought the case for the BPP from inception, even though the BPP refrained from paying him his fees or even expenses over several years. Bhot had reportedly even been assaulted by the opposition lawyer during a commission hearing in the Court Library. BPP trustee Noshir Dadrawala told Parsiana on October 16 that he "will ensure Bhot’s bills will be paid in full.”
Former BPP trustee and later chairman Dinshaw Mehta had fought against accepting a compromise offer initially made by the SJJPBI that the BPP could stay for 10 years and then vacate the premises. Mehta believed the BPP had a strong case as the SJJPBI was formed for Parsi Zoroastrian students of which the school has less than a handful. He convinced his co-trustees they would win. Mehta reportedly was cross examined daily for a year and his testimony on bona fide need alone ran into 400 pages.
As former BPP trustee Dinshaw Tamboly observed on the Parsiana Facebook page, "The case was filed when I was a trustee and I recall that Dinshaw Mehta followed up relentlessly and even prevailed upon the board to remain firm when it appeared to him that it would vacillate. He has indeed played a very significant role in this matter. Kudos to both Dinshaw and Kersasp Bhot for relentlessly pursuing the case to its logical conclusion.”