JUDGMENT - C.S. DHARMADHIKARI, J.:---Respondent Landlords Smt. Manjulaben Maganlal Shah and Smt. Nanbai Kalyanji filed a suit against petitioner tenant P.T. Gandhi for possession of the premises on the ground among others that the said premises were required by them reasonably and bona fide for use and occupation by Smt. Manjulaben. The suit was decreed on 31st August, 1978 and the appeal preferred by the tenant was also dismissed on 3rd June, 1981. It is the case of the petitioner that within a short time thereafter he discovered that the respondents had been in occupation of another flat. Therefore he sought to get the order in appeal reviewed on the ground of discovery of fresh material which with due deligence he could not have discovered earlier. The appellate Bench of the Small Cause Court, Bombay by its Judgment and order dated 2nd November, 1985 rejected the review petition on the ground that the same is not maintainable. While passing the order the Appellate Bench of the Small Cause Court relied upon a decision of this Court in (M/s. National Hotel and others v. Mrs. Rukayabai and others)1, 1985(2) Bom.C.R. 499.

2. Being aggrieved by this order the petit

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