ORAL ORDER : - The Small Causes Court tried two suits. The first was a suit instituted by the petitioner in December, 1973 claiming a declaration of tenancy. The second was a suit instituted by the respondent in March, 1979 for possession, under section 41 of the Presidency Small Causes Courts Act, 1882. The suit instituted by the respondent was decreed. The suit instituted by the petitioner came to be dismissed. The judgment and order of the Trial Judge was delivered in November 1991 and was confirmed in appeal by the Appellate Bench of the Small Causes Court on 17th April, 1996. These petitions under Article 227 impugn the correctness of the judgment of the Appellate Bench. The two writ petitions arise out of the proceedings in the declaratory suit on the on hand and the suit for eviction on the other.

2. The premises in the present case comprise of Flat No.5 situated on th first floor of a building known as Sagar Mahal at Walkeshwar Road, Mumba 400 006. The First respondent is a medical doctor and was at the material time i the service of the Central Railways as an Assistant Medical Officer. On Is December, 1972, an agreement styled as a caretaker agreement was entered int betw

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