JUDGMENT

ORDER :—Special leave granted.

2. Respondents obtained a decree for possession against the appellants in Regular Civil Suit No. 146 of 1964 on the ground that the respondents bona fide required, the suit premises for their personal use and occupation. The decree was made under Sec. 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947. This decree was finally confirmed by the order of this Court when petition for special leave to appeal filed by the appellants-tenants was dismissed by this Court. Thereafter the decree for eviction was put into execution and physical possession of the premises involved in the dispute was handed over to the respondents on August 24, 1972. As the respondents failed to use the premises for which possession was obtained, an application was moved by the appellants for being re-inducted into possession as provided by Sec. 17 of the Act. As there was some delay in moving the application, a petition was filed under Sec. 5 of the Limitation Act praying for condoning the delay in making the application. The Trial Court by its order dated December 8, 1978 held that the appellants have made out sufficient case for being prevent