JUDGMENT - KHANWILKAR A.M., J.:—This writ petition under Article 227 of the Constitution of India takes exception to the judgment and decree dated 16th July, 1996 passed by the Small Causes Court at Bombay in Appeal No. 438 of 1990 in R.A.E. Suit No. 555/2438 of 1977. The premises in question is situated on the ground floor being Flat No. 1 and the Grage No. 1 in the basement in the building known as Sorrento at Mount Pleasant Road, Mumbai. The respondent No. 2 was inducted as tenant in the said premises, pursuant to Lease Agreement dated 1st November, 1966 by the erstwhile landlord of the suit premises. The suit premises were purchased by the petitioner in the year 1974. At that time, the petitioner was unmarried. It is not in dispute that tenancy was attorned in favour of the petitioner after she purchased the suit property. The petitioner got married to Dr. Fanibunda in the year 1975. After marriage, the petitioner started living with her husband in Amarchand Mansion, 16. Madam Cama Road, Mumbai 400 039. The petitioner instituted the subject suit on 9th June, 1977 for possession of the suit premises from the respondent No. 1. The ground on which possession is sought can be culle

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