JUDGMENT

BHAGWATI, J. :—This appeal by special leave is directed against an order passed by the Bombay High Court disposing of Special Civil Application No. 2936 of 1975 filed by the respondent against the appellant. The facts giving rise to the appeal are a little interesting and a mere narration of them will show how extraordinary is the order made by the High Court which is impugned in the appeal. It must be said in fairness to the learned counsel appearing on behalf of the respondent that he did not seek to support the order and frankly conceded that it was unsustainable. This was in keeping with the highest traditions of the bar in the country.

2. The appellant is a tenant in respect of Flat No. 5 on the second floor of a building situate in Dadar Parsi Colony in the City of Bombay. The respondent had advertised for accommodation as a paying guest. In response to the advertisement, the appellant contacted the respondent and ultimately as a result of negotiations, an agreement dated 1st June 1972 was entered into between the appellant and the respondent whereby the appellant allowed the respondent to occupy and utilise one bed room together with a bath room and a furnished kitch