Chagla, C.J.

1.. One Ebrahim Yusuf Gardee let out the Edward Theatre on 5th May 1948, to a partnership consisting of the respondent and one Munehershaw B. Billimoria. The term of the lease was five years and that term expired on 30th September 1948. On 7th September 1949, the Edward Theatre was declared to be evacuee property by the Custodian of the Evacuee Property. On 10th September 1949 the Custodian called upon the respondent, who had by then become the sole lessee of the lease (the right, title and interest of his partner having been assigned to him) to pay the rent to him as the Custodian of the property, On 3lst May 1950, the Custodian served a notice upon the respondent terminating his tenancy at the end of one month, viz. 30th June 1950. Thereupon the respondent filed a petition in this Court for an order under Section 45, Specific Relief Act, requiring the Custodian to forbear from demanding surrender of possession of the Edward Theatre. This petition came on before Shah J. and the learned Judge granted the relief sought by the petition. From that order the Custodian has come in appeal before us.

2. The first contention that was urged by Mr. Seervai, on behalf of th