JUDGMENT

KANIA, J.:— This is an appeal against the judgment of a Division Bench of the High Court of Bombay in First Appeal No. 283 of 1969 by special leave granted by this Court under Art. 136 of the Constitution.

2. We propose to consider first whether any interference with the judgment of the High Court is called for in this appeal and hence, we intend to take note of such facts as are relevant to consider that question.

3. Respondent was the plaintiff in Suit No. 725 of 1959 filed by her in the Bombay City Civil Court and the appellant was defendant No. 3. For the sake of convenience, we propose to refer to the parties by their description in the suit.

4. On December 25, 1956 defendant No. 3 entered into an agreement whereby he granted permission to the plaintiff to conduct the business of a restaurant known as "Meenakshi Bhuvan" which later came to be known as "Central Cafe Udipi" of which he was the owner and which was conducted in tenanted premises. This restaurant was situated at Vishvas Nivas, King Edward Road, Parel, Bombay. The period of this agreement was for five years commencing from December 25, 1956 with an option to renew the same. Under the agreement, defendant No. 3