A.N. GROVER, J.

(1) THIS is an appeal by special leave from a judgment of the Bombay High court and arises in the following circumstances.

(2) THE suit premises consisting of a shed at 130, Shuklaji Street) Bombay were the property of the appellant, and were let out to the respondent as a monthly tenant. By means of a notice, dated 13/06/1956) the tenant was informed by the landlord that he was in arrears of rent since 1/07/1953 and was liable to pay to the landlord a sum of Rs. 1,826.00 being the amount of rent calculated up to the date of the notice. As he was an habitual defaulter and had been making illegal use of a passage attached to the premises-without the consent of the landlord his tenancy was being terminated. He was further called upon to make payment of the amount of arrears. The tenant did not vacate the premises and a second notice was sent dated 18/10/1957 calling upon him to deliver vacant possession of the premises which were stated to be in his occupation as a monthly tenant. In the second notice another ground was mentioned for getting the premises vacated. It was that the same were required for the personal use and occupation of the landlord. It m