JUDGMENT

K. Venkataswami, J.-The appellant-landlady, who was successful before the Competent Authority, Konkan Division, Bombay, in getting an order of eviction against the respondent-tenant but failed before the High Court, has filed this appeal by special leave challenging the reversing decision of the High Court.

2. The appellant claiming to be the owner of Flat No. 3 situated on the ground floor of building bearing Plot No. 42, the Sindhi Immigrants Cooperative Housing Society Ltd., Chembur Road, Bombay, preferred an application under Section 13A1 (i)A(ii) of the Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (hereinafter called the Act ) seeking eviction of the tenant (respondent herein) from the said premises. According to the appellant, the plot bearing No. 42 was initially allotted in favour of her mother. Smt. Navabai, wife of Udharam, by the Housing Society. Later on, Moti Ram, brother of the appellant, was accepted as a member of the Housing Society in place of Smt. Navabai. Still later, i.e., some time in November, 1960, the appellant s father Udharam became a member in place of Motiram. The said Motiram constructed the present building consisting of groun