Judgment

TULZAPURKAR, J.:- This appeal by special leave is directed against the judgment and order dated July 25, 1968 of the Bombay High Court in Special Civil Application No. 426 of 1966, whereby the appellant-landlords suit seeking eviction of the tenant (respondents) was dismissed by the High Court.

2. The appellant owns the suit property situated at 29A, Burr Road, Kirkee, Poona. It is an extensive property covering about 3.03 acres of land with a main dwelling house, out-houses, garden etc. By an order dated Dec. 16, 1929, issued by one J. S. Harison, Brigadier, Commanding the Cantonments of Poona and Kirkee, under the Cantonment (House Accommodation) Act (MI) 1923 the said property was requisitioned (appropriated) for the purpose of the residence of Military Officer. Thereupon appellant executed a lease (1st lease) in Feb., 1930 in respect of the said property with the Secretary of State for India for a period of five years on the terms and conditions set out in said lease. On the expiry of the first lease the appellant executed another lease on June 25, 1935 in respect of that property for a period of five years. Thereafter further leases were executed for fresh periods and t