Bhagwati, J.

1. This is a second appeal from the decision of the learned Asst. Judge, Jalgaon, allowing the appeal against the decision of the learned Joint Civil Judge, Junior Division, at Jalgaon.

2. The pltf. is the owner of a house bearing City Survey No. 1991 which consisted of business premises. A lease for a period of about five years expiring on 4-11-1945, was granted by the pltf. to the deft. The deft. however, continued in possession of the suit premises even after the expiration of the period of the lease. A two-thirds portion of the suit premises had been requisitioned by the Govt. a one-third portion was in the possession of the deft. On 18-6-1946, the pltf. filed a suit for possession of the suit premises consisting of one-third of the house in the actual possession of the deft. basing his claim for possession on the ground that he required the suit premises for his own use occupation. This claim of the pltf. was resisted by the deft. who contended that the pltf. did not require the premises for his own use occupation. The trial Ct. held that the Bombay Act LVII [57] of 1947 which came into operation from 13-2-1948 applied but that the suit premises were