Judgment

MITTER, J.:- This is an appeal be special leave from a judgment and order of the Bombay High Court in a Special Civil Application from a decision of the Court of Small Causes Bombay in exercise of its revirsionary jurisdiction. The revisional court had reversed the decision of the trial court and remanded the matter for disposal of the issues other than issue 2 to 8 tried as preliminary issues and decided in favour of the plaintiffs before the Court of Small Causes.

2. The facts are as follows Respondent No. 1 was the owner of a flat on the second floor of Block No. 8 Shyam Niwas , Warden Road, Bombay. She was a member of a Co-operative Housing Society and had acquired the flat from the said society. In 1959 she had put the appellant Sabharwal Brothers is possession of the flat for a period of 11 months on payment of Rs. 510/- per month. There was an agreement in writing which purported to show that the possession was to be on leave and licence basis. This agreement was signed by a partner of Sabharwal Brothers who also became members of the said Co-operative Society. There were repeated renewals of the said agreement until on 25th October, 1962 when the first respondent as