Judgement

SABYASACHI MUKHARJI, J.:- This appeal by special leave is by the tenant from the judgment and order of the High Court of Bombay dated 28th November, 1986. The only question involved in this appeal is what is the period of limitation for the recovery of possession of the demised premises. The premises in question is located on the Municipal Street No. 16 in Fanaswadi area of Bombay. The tenant was inducted as a monthly tenant in respect of the said premises at a monthly rent of Rs. 105.60 for the purpose of conducting ice-cream business which was being carried on by her husband who was the holder of the power of attorney on her behalf. The premises consisted of the entire structure on the ground floor with a loft covering the entire area with corrugated iron sheets. The letting was done on an agreement dated 29th December, 1975 which was to become effective from the 1st January, 1976. It is the case of the landlord, the respondent herein, that in breach of the agreement and the terms of tenancy as also in violation of the prohibition prescribed under S. 13(1), Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter referred to as the Rent Act), the tena