Judgment

HIDAYATULLAH, J. : This appeal arises out of a suit tried in the Bombay City Civil Court at Bombay, filed by the respondents, the Trustees of the Port of Bombay, for the ejectment of the appellant, Kanji Manji and one Rupji Jeraji who had died even before the suit was filed, from a plot situated at Haji Bunder Mazgaon Sewri Reclamation Estate, Bombay, and for possession of the land. There was a claim for Rs. 10,871-14-0 being the arrears of water charges and property taxes, with which we are not concerned. The suit was decreed by the Bombay City Civil Court, and the appellant was ordered to vacate the suit premises and to deliver vacant possession thereof. An appeal was filed against the decree in the High Court of Judicature at Bombay, but it was dismissed summarily on September 24, 1959. The High Court also refused an application for a certificate, but the appellant applied for special leave, and having obtained it, has filed the present appeal.

2. In 1924, the Trustees of the Port of Bombay granted a lease of the said land to five persons, who were trading in partnership under the name and style of Mancherji Vadilal and Company. This lease was for a term of 10 years comme