JUDGMENT - R.A. JAHAGIRDAR, J.:---This petition under Article 227 of the Constitution seeks, to challenge an order passed by the Appellate Bench of the Court of Small Causes on 17th December, 1981, in R.A. Revision Application No. 232 of 1981. The facts leading to the present petition must be mentioned before appreciating a somewhat neat point of law which has been canvassed before me by Mr. S.T. Tijoriwalla, the learned Advocate appearing in support of this petition.

2. The petitioner is a public limited Company and is a licensee in a flat situated in Apsara Apartments at Pall Hill in Bandra, a suburb of Bombay. The first respondent, hereinafter referred to as 'the respondent", is the owner of the flat or at any rate he is the person who has leased the flat to the petitioner. The respondent filed a suit being R.A.E. Suit No. 574/2408 of 1980, for possession of the flat, hereinafter referred to as "the suit premises", on the ground that he requires the same reasonably and bona fide for his own use and occupation. The written statement was originally filed by the petitioner. Subsequently the written statement was amended and on the amended written statement the trial Court framed 3 a

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