Judgment

Arijit Pasayat, J.—This appeal is directed against the judgment of a Division Bench of the Bombay High Court in a Letters Patent Appeal. Brief reference to the factual aspects would be necessary :

2. The appellant filed Suit No. 6954/72 in the Bombay City Civil Court against the respondent inter alia with the following prayers:

(a) for possession of suit premises of Plots Nos. 81, 82 with shed at Gandhinagar, Bharat Bazar, Worli, Bombay.

(b) for recovery of an amount of Rs. 6,175/- on account of compensation, and

(c) for mesne profits.

3. Certain interim reliefs were also claimed in this suit. The broad allegations made by the plaintiff in the plaint were as follows :

(a) on request of the Defendant, the Plaintiff allowed the Defendant to use the suit premises on the terms recorded in the Agreement dated 01.05.1091, which was an Agreement for leave and license for 11 months from that date;

(b) the compensation agreed between the parties was Rs. 475/- per month;

(c) the Defendant was to carry on the business of motor repairing in the suit premises and was not to change the user of the premises;

(d) that 2 months’ arrears of compensation would entitle the Plaintiff to terminate the Ag