ORDER

1. Leave granted.

2. This is an appeal directed against the judgment of the High Court of Bombay, dated 11-6-1997 dismissing the appeal preferred against the judgment dated 11-8-1988 in Special Civil Suit No. 281 of 1987 of the VIIth Joint Civil Judge, Senior Division Pune.

3. The suit was filed by the appellant for eviction of the respondent on the ground that the respondent was inducted into possession as a licensee and stating that the said licence was terminated by notice. The respondent claimed that he was a tenant entitled to the benefits of the Bombay Rent Act. The learned trial Judge and the High court came to the conclusion that the respondent was a tenant entitled to the benefit of the said Act and the suit for eviction treating the respondent as a trespasser was not maintainable. The owner has filed this appeal against the judgment.

4. The question of relationship between the appellant and the respondent depends upon construction of the agreement dated 24-3-1984 executed between the parties. The said agreement reads as follows :

"To,

Copde S.Y.,

Proprietor,

Chope Engineers & Contractors,

1622, Sadashiv Peth,

Pune-411030.

As I (S.D. Purekar) am in urgent need of residential ac