Judgment :-

H.L. Dattu, J.

1) These appeals are directed against the decision of Bombay High Court in Writ Petition No.519 of 1987 dated 12.02.1998 and the order passed in Civil Application No.5701 of 2000 in Writ Petition No.519 of 1987 dated 30.8.2001. By the impugned order, the High Court, has dismissed both the writ petitions and also the civil application.

2) The facts leading to these appeals are as under:- Mr. Salehbhai Alibhai Rangwala was the owner of a building then known as Mohamedali Mansion, situated at 241, Princess Street, Bombay. The Flat No. 2-B on the second floor of the building, (hereinafter referred to as `the suit premises) had been let out to one Dosabai, the brother of Ms. Dhanbai Batliwala, (hereinafter referred to as the `deceased-tenant), on a monthly rent of Rs. 104.10 paisa. Dhanbai was staying with her brother in the suit premises. After the death of her brother in the year 1953, Dhanbhai became the tenant of the suit premises by virtue of Section 5(11)(c)(i) of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 (`the Act for short). She expired on 17.12.1963. It appears that the deceased tenant in her last will dated 24th April, 1959 ha