Judgment

J. L. KAPUR J.: This is an appeal by special leave against the judgment of the High Court of Bombay confirming the order of ejectment passed by the Assistant Judge, Thana. The tenant who was the defendant in the suit is the appellant and the landlord who was the plaintiff is the respondent.

2. The facts giving rise to this litigation shortly stated are that the appellant was a tenant for about 20 years in the premises known as "Fida Ali Villa" in Kalyan. This building was purchased by the respondent who gave notice to the appellant to vacate, as he wanted to construct a new building on the site of the old building. The appellant agreed to vacate and the respondent let to him a portion of his new building which was not far from "Fida Ali Villa". The appellant had four sub-tenants, three of them also shifted to the new premises which were let to the appellant by the respondent. Although it was disputed, the courts below have found that they occupied the same position qua the appellant. The 4th, a Bohri, was fixed of by the respondent in some other place. There was some dispute as to the date when these new premises were let to the appellant, the appellant alleging that they we