M.F. SALDANHA, J. :---Though this appeal is just one more of the numerous litigations relating to the non-return of a company flat by an ex-employee, it raises certain interesting legal aspects of far-reaching consequences. This first question that arises is as to whether the employee whose wife has subsequently purchased the premises and, therefore, become the owner thereof can still be ordered to restore the possession to the company which continues to be the tenant. Since section 630 of the Companies Act, 1956 deals essentially with the question of wrongful withholding, the restoration of possession is a necessary relief which can and must be granted regardless of the change of ownership.

2. The more important dimension, however, surrounds the anatomy of the offence. The accused resigned from the services of the company on 28-2-1977 and the resignation was accepted with effect from 1st March 1977 and the company called upon him to restore possession of the flat by 31-3-1977. The accused is in possession of the premises upto date, which works out to a period of a little over 16 years. The offence under section 630 of the Companies Act is a continuing offence and, consequen