JUDGMENT

GOSWAMI, J. :—This appeal by special leave is directed against the judgment and order of the Bombay High Court in an application under Art. 227 of the Constitution against the judgment and decree of February 29, 1968, passed by the Appellate Bench of the Small Cause Court at Bombay by which it affirmed the earlier decree of July 22, 1962, of the Small Cause Court at Bombay in Suit No. 4271 of 1959 dismissing the respondents suit.

2. There is no dispute in this appeal that the appellant is the tenant and the first respondent is the landlord. It is not necessary to describe the history of the assignment of the tenancy as well as the transfer of the ownership of the premises to the first respondent from his father who was the original landlord under which another party continued as tenant till May 1, 1951, when the present appellant became the tenant by purchasing the goodwill and the tenancy rights of the shop along with the stock-in-trade, furniture, fixture, etc., from the original tenant, Messrs United Tube & Hardware Co. The tenancy is in respect of the premises being Shop No. 1 on the ground floor of the building known as "Asghar Manzil" at 146, Nagdevi Street, Bombay, "