JUDGMENT

THOMMEN, J. - This appeal arises from the judgment of the Bombay High Court in Special Civil Application No. 983 of 1972 setting aside the order made by the appellate officer (the Principal Judge of the City Civil Court Bombay), under Section 105-F of the Bombay Municipal Corporation Act, 1888 (the Act), whereby he allowed the appellants appeal against the order of eviction made against it under Section 105-B of the Act by the enquiry officer, acting in terms of Section 68 of the Act as a delegate of the Commissioner of the Municipal Corporation of Greater Bombay, respondent 1; hereinafter "the Corporation".

2. By the impugned judgment, the High Court has confirmed the order of eviction made against the appellant, the principal occupant of two godowns belonging to the Corporation. The original occupant of the godowns, Glenfield & Co., had on October 1, 1963 granted to the appellant a licence in respect of these premises and subsequently by a deed of assignment dated August 13, 1966 assigned all it rights, title and interest in the premises in favour of the appellant. The appellant had in the meantime by agreement dated March 27, 1964 permitted respondent 2 to store goods i