JUDGMENT - M.F. SALDANHA J. :---An interesting but immensely important dimension concerning proceedings under section 41 of the Presidency Small Cause Courts Act has been raised in this proceeding which is being summarised below:

Whether an applicant, who applies for ejectment of a tenant under setion 41 of the Act is required to satisfy the Court that there is some justification in support of the application or whether as hitherto a held by the Courts, possession can be claimed on the simple ground that the lease has been terminated and that the opposite party has failed to restore possession regardless of there being any justification for such termination.

2. It would be useful to first set out the salient facts. The petitioner was the tenant in respect of a shop bearing No. 6 in Jaykar House Girgaum, Bombay 400 004. The admitted position is that in 1942, Prabhakar Tiwatane, father of the original tenant sublet shop No.6 to the petitioner. After the death of his father in a 1952, Prabhakar became the tenant in respect of the said premises. In 1954, he filed a suit against the petitioner for possession of the shop on the ground that he required the same reasonably and bonafide fo

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