KOTVAL C. J. The Special Civil Application No. 2323 of 1968 and Miscellaneous Civil Application 93 of 1969 are substantially between the same parties and arise out of the same subject-matter and may therefore be conveniently disposed of together.

2. The Ishwarbhavan Cooperative Housing Society constructed a building known as Ishwarbhavan situated at Churchgate, "A" Road, Bombay, Santdas Prabhudas :Malkani respondent No.1 became a member of the society and was allotted flat No. 2A in that building on a rental of Rs. 190 per month. The flat consists of two main rooms, bath room and a kitchen separated by a corridor and has a verandah in front. Malkani and his wife Mrs. G. S. Malkani were living in this flat. In October 1961 Malkani advertised in the local papers announcing that paying guest accommodation was available. Pursuant to that advertisement Setpal Singh Arora the petitioner in Special C. A. No. 2323 of 1968 entered into an agreement on November 1,1961 and took a room in flat No. 2A as a paying guest. This agreement was terminated on January 4, 1962 and within less than a month thereafter a second agreement was entered into. The second agreement was in shape of a let