JUDGMENT

UNTWALIA, J.:—The appellants in this appeal by special leave had filed an application under section 41 of the Presidency Small Cause Courts Act. 1882 - hereinafter referred to as the S. C. C. Act, against the respondent to compel him to quit and deliver up the possession of the premises in question. The Small Cause Court made an order in favour of the appellants under Section 43 of the S. C. C. Act. On the filing of an application in revision by the respondent in the Bombay High Court, a learned single Judge of that Court has set aside the order of the Small Cause Court and dismissed the appellants application for eviction of the respondent. Hence this appeal.

2. This Court does, as it ought to, act with restraint and is loathe to pass any harsh or unpalatable remark concerning the judgment of a High Court. But sometimes constraint outweighs restraint and compels this Court in discharge of its duty to make some strong observations when it finds the judgment of the High Court running galore with gross and palpable mistakes of law almost amounting to judicial imbalance in the approach to the case. We regret to say that this is one such case.

3. The appellants had allowed the r