JUDGMENT

RAY, J.:—We have heard learned counsel for the parties and we grant special leave.

2. This appeal on special leave is directed against the judgment and order passed in Civil Revision Application No. 500 of 1985 by the High Court of Judicature at Bombay, Aurangabad Bench allowing the Revision, setting aside the judgment and decree passed by the district Judge in Rent Appeal No. 5 of 1984 confirming and allowing the judgment and order of the Additional Rent Controller, Aurangabad in R. C. No. ARC/ 71/ 3.

3. The matrix of the case is as follows:-

The appellant-landlord, Chandmal, s/o Sumermal Surana as plaintiff filed a suit for eviction of the respondent-defendant Firm Ram Chandra & Vishwanath, a commission agent firm from his shop bearing Municipal No. 4-16-101 situated at Mondha, Taluka, District Aurangabad (Maharashtra) under S. 15(3)(a)(iii) of the Hyderabad House (Rent, Eviction and Lease) Control Act, 1954 to be hereinafter to be referred to as the said Act on the ground inter alia that the respondent was the tenant of the said shop attached to the said house of the appellant-landlord on the monthly rent of Rs. 50/- per month and the tenancy commences from the Ist day of