Judgment

M. Jagannadha Rao, J.-Leave granted.

2. This appeal is directed against the judgment of the High Court of Bombay in Writ Petition 3714 of 1982 dated 17.04.1997. By that judgment the learned Single Judge set aside the judgment of the 2nd Addl. Small Causes Court, Pune in Civil Suit No. 1285 of 1979 dated 02.12.1981 as affirmed by the District Court, Pune in Civil Appeal No. 266 of 1982 dated 20.10.1982. The trial Court had decreed the suit filed by the appellants for eviction of the respondent on the ground of bona fide requirement and the said judgment was affirmed by the District Court. These two judgments were set aside by the High Court under Article 227 of the Constitution of India. It is this judgment of the High Court that is challenged in this appeal.

3. We shall refer to the facts briefly:

The suit premises consist of a shop bearing No. 4 on the ground floor of a house at Pune. The shop was let out by the predecessor in-title of the appellants, Sri Kavate to the respondent on a monthly rent of Rs. 75/- for running a grocery shop. The said Kevate wrote a letter to the respondent on 8.3.1978 that the respondent had closed the shop for more than a year, and that he was no