Judgment

B.P. Singh, J.—This appeal by special leave impugns the judgment and order dated 29th August, 2001, of the High Court of Judicature at Bombay passed in writ petition No. 306 of 1990. The aforesaid writ petition under Article 227 of the Constitution of India was filed at the instance of the tenant-respondent No. 1 herein against the order dated September 14, 1989, of the 3rd Additional District Judge, Thane, in Civil Appeal No. 186/1987, affirming the judgment and order of the Joint Civil Judge, Kalyan dated 10th March, 1987 in RCS No. 137/1982. The trial Court and the First Appellate Court recording concurrent findings of fact allowed the eviction petition filed by the landlord-appellant, holding that the landlord had made out a case for eviction of the tenant under Sections 13(1)(e) & 13(1)(k) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (for short ‘the Act’). The respondent No. 1 before us is the tenant while the respondent No. 2 is the person to whom the premises is alleged to have been sublet. The High Court in exercise of its jurisdiction under Article 227 of the Constitution set aside the concurrent findings of fact, and dismissed the suit for