ORDER

Leave granted. We have heard counsel on both sides. This appeal, by special leave, arises from the judgment of the High Court of Delhi, dated December 7, 1995 made in C.R. No. 974/90.

2. It is not necessary to narrate all the details for the purpose of disposal of this appeal. Suffice it to state that the respondent had a perpetual lease in 1937 and ever since he has been using the premises for running a hotel. The respondent filed a suit in 1991 for the first time alleging that the appellant had violated clause 7(2) of the conditions of lease as he has been obtained the prior permission of the Commissioner. Ad-interim injunction was granted. When he sought for vacation, it was not ordered. On appeal, it was confirmed and revision was dismissed. Thus this appeal, by special leave.

3. It is an indisputable fact that ever since 1937 the appellant has been using the premises for commercial purpose, viz., running a hotel business. It is not a case where the balance of convenience would lie if prohibition on running the hotel on the basis of the lease is granted to him. Whether the appellant has violated the conditions of the lease is a matter to be gone into in the suit itself. We