( 1 ) IN these proceedings under Section 115 of the Code of civil Procedure, 1908, a judgment of the Learned Trial Judge in the city Civil Court in a suit under Section 6 of the Specific Relief Act, 1963, has been called into question. The suit has been decreed as a result of which the Respondent has been held to be entitled to the restoration of possession of premises consisting of Stall No. 7 situated on the Ground Floor at Chimna Butcher Street, Null Bazar, mumbai-400 003.

( 2 ) THE father of the Petitioner was the original owner of the suit premises consisting of a stall admeasuring 4 x 5. The owner expired in or about 1960. It is undisputed that from 1960 the respondent was in possession of the premises and conducted business from the stall. According to the Respondent, he was inducted as a licensee and carried on business independently for a period of 45 years dealing in woollen clothes and umbrellas. The case of the Respondent was that he was inducted on a licence fee of rs. 25/- per month which after the life time of the original owner came to be collected by his widow. After the death of the widow of the original owner, the Petitioner, according to the Respondent, recovere

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