JUDGMENT - S.M. HAJARNAVIS, J.:---This is a tenants petition under Article 227 of the Constitution in challenging the judgment delivered by the Appellate Bench of the Small Cause Court dismissing her appeal and affirming the judgment passed by the trial judge decreeing the plaintiffs claim for possession under Clause (a) of sub-section (3) of section 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called as the "Rent Act").

The petitioner had taken on lease for 30 years two plots of land admeasuring 325 sq. yards on 1st November, 1948 from the respondent on an agreed rents, of Rs. 367/- per month. This lease was for the purpose of constructing a building on those plots. On expiration of the lease, the lessee was entitled to remove the structures in case the lessor was not prepared to purchase them at half the price. It is the petitioner, case that in pursuance of this agreement, the petitioner constructed a structure worth Rs. 1,00,000/-. In 1953 dispute arose between the parties and the landlord filed a suit being Suit No. 3307/16647 of 1953 for eviction on 23rd December, 1953. In that suit, a consent degree was passed on 17th April, 1957

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