Judgment

MATHEW, J.:- This is an appeal, by special leave, from the judgment of the High Court of Bombay dismissing a petition filed under Article 227 of the Constitution praying for issue of an appropriate writ or order quashing the order dated 28-2-1968 passed by the Full Bench. Small Causes Court Bombay, in appeal No. 95 of 1963 from the order dated 21-2-1963 passed by the Judges, Small Causes Court, Bombay, in R.A.F. Suit No. 9293 of 1959.

2. In this appeal we are concerned with a plot of land admeasuring 2108 square yards in Survey No. 171, Hissa No.7, at Ghatkopar. This plot belonged to one Jamnadas Chhotalal Dani. On 15-11-1948, Jamnadas executed two leases in favour of one Bhawanji Lakhamsi and Maojibhai Jethabhai, defendants 1 and 2. The subject matter of the first lease was two plots, the one referred to above and another in the same area measuring 805 square years. The subject matter of the second lease was a third plot in the same area.

3. The leases were for a period of ten years and in respect of the first plot, the rent payable was Rupees 75/- a month. In both the leases there was an option clause which entitled the lessees to surrender the leased property by 30-9-1953.