Judgment

SABYASACHI MUKHARJI, J. :- This appeal by special leave arises from the judgment and order of the High Court of Bombay dt. 17th Nov. 1980. The main question involved in this appeal is whether the appellant was a licensee or a tenant and also incidentally the question whether the Court of Small Causes, Bombay had jurisdiction to deal with the eviction petition in this case. The premises in question belongs to the Bombay City Weavers Co-operative Limited. They filed ejectment proceedings against one Sugrabhai Mohammed Husain, their tenant and obtained a decree. It is stated that the appellant was a monthly tenant of the suit premises since about 2nd Feb. 1965. On or about 9th of February, 1965 a fresh document of that date was executed and it is alleged that the appellant continued by virtue of that agreement. It is alleged that this agreement was entered into between the parties since the respondent wanted to charge more rent or mesne profits. This agreement is in writing and this was for a period of five years, i.e., from 1st Sept. 1965 to 31st Aug. 1970. The main contention involved in this appeal is whether the appellant was a tenant or a licensee ? The answer would be de