Judgment

BHAGWATI, J.:- It is common to find that having regard to acute shortage of non-residential as well as residential accommodation in the urban areas, litigation between landlord and tenant for recovery of rented premises is usually bitterly contested and fought to a finish right upto the highest court. This is what has happened in the present case. Twice foiled in his attempt, the respondent filed a third suit to recover possession of a shop let out to the appellant. The suit resulted in a decree for eviction by the Trial Court, but on appeal the decree for eviction was reversed by the Additional District Judge and on still further appeal, the Judgment of the Additional District judgement was set aside and the decree for eviction was restored by the High Court. The appellant challenges the judgment of the High Court in this appeal preferred by special leave.

2. The respondent is the owner of a house situate in Lohia Bazar in the city of Gwalior. The house consists of a shop on the ground floor and residential accommodation on the first floor. The respondent is in occupation of the residential accommodation on the first floor since the past few years. The ground,floor shop, wh