Judgment

RAY, J. :- This is an appeal by special leave from the judgment dated 28 January 1972 of the High Court at Bombay.

2. The High Court in a writ petition under Article 227 of the Constitution quashed an order of the Court of Small Causes, Bombay.

3. A trust known as Padamsi Bhanji Trust of Bombay owned a godown at 8 Mugbhat Lane, Girgaum, Bombay. The tenant of the property before 1952 was Ochhavlal. The property thereafter came into possession of S. V. Sovani. Sovani carried on the business of preparation and sale of scientific apparatus. About 1952 Sovani became Director of Sovani Private Limited Company referred to as the private Company. The private Company went into possession of the godown as also the business which was carried on by Sovani. Rent was paid up to the year 1966 in the name of Ochhavlal. Rent receipts were also in the name of Ochhavlal. In the year 1966 the trust employee who collected rent refused to accept rent. Thereafter rent was sent by money order to the trustees. The trustees did not accept the money orders.

4. The trustees in the year 1970 filed suit for possession. Ochhavlal was the defendant in the suit. The grounds for eviction of Ochhavlal were firs