JUDGMENT - SHARAD MANOHAR, J.:---This second appeal arises from the suit filed by the respondent for recovery of possession of the suit premises from the appellant with a contention that the appellant is nothing but a trespasser in the suit premises and that, hence, he is entitled to recover possession of the same from him.

The appellant's contention was that he was one of the tenants in respect of the suit premises within the meaning of the Bombay Rent Act and, hence, was not label to eviction having regard to the provisions of the said Act.

It is unnecessary to refer to the meandering manner in which the litigation wended its way till this Court. It is enough here to state that initially the suit was decreed by the trial Court, but the decree was et aside in appeal and it was remanded to the trial Court and after the remand, after going through the evidence lead by both the parties, the learned Judge was persuaded to take the view that the present appellant was a member of the family of the original tenant at the time of the latter's death, was residing with him at the time of his death and, hence, was entitled to protection given to the tenants under the Act.

In Appeal, the le

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