Judgment

Syed Shah Mohammed Quadri, J.-This appeal, by special leave, is directed against the judgment and order of the High Court of Judica­ture at Bombay in W.P. No. 362 of 1984 dated March 27, 1997. The appellants are the legal representatives of deceased landlady, Smt. Ramkubai, and the respondents are original defendant No. 1, Hajarimal Dhokalchand Chandak and the legal representatives of the second de­fendant Lalchand Dhokalchand Chandak (hereinafter they are referred to as ‘landlady’ and ‘tenants’).

2. The landlady filed civil suit, bearing Civil Suit No. 12 of 1975 in the Court of Civil Judge J.D. Igatpuri, against the respondent No. 1 herein and the said Lalchand Dhokalchand Chandak who died during the pendency of the proceedings, respondent Nos. ‘2A’ to ‘2F’ are his legal representatives, for recovery of possession of house bearing Municipal No. 138 and one of the rooms in house No. 150 within the Municipal limits of Igatpuri town (for short ‘the suit premises’) under Sections 12 and 13(1)(e) and (g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short ‘the Act’). Recovery of possession was sought on the following three grounds :

(1)