JUDGMENT

ORDER:— This Civil Appeal by Special Leave has been preferred against the judgment dated 6th September, 1976 in Special Civil Application No. 2352/72 under Article 227 of the Constitution of India of the High Court of Judicature at Bombay. The facts in brief necessary for the decision.of this appeal are that the appellants filed a suit against the respondent for recovery of possession over three shops in a building situate at Dadar in Bombay inter alia on the ground that the respondent was their tenant of the said three shops and he had sublet them without the consent of the plaintiff/ appellants and consequently was liable to be evicted therefrom. The suit was contested by the respondent but was decreed by the trial Court. An appeal filed by the respondent against the said decree was also dismissed. It is these two decrees which were challenged by the respondent in a petition under Art. 227 of the Constitution of India which was allowed by the judgment appealed against.

2. It has been urged by the learned counsel for the appellants that the concurrent finding recorded by the Courts below that the respondent had sublet the shops in question without the permission of the app