M.S. SONAK, J.

1. This petition is directed against the orders 17 March 1989 and 7 October 1995 dismissing petitioners suit seeking eviction of the respondents from the suit premises i.e. gala admeasuring 37' x 10' at Station Road, Thane.

2. The petitioners are the owners of municipal house no. 17381 at Station Road, Thane. On the ground floor, there are, in all, four galas, out of which one of the galas was let out by the petitioners to Shri Shantilal Dave ('Dave') for monthly rent of Rs. 22.79. On each side of the suit premises, are the galas owned and possessed by the petitioners. In the year 1974, Shantilal Makanji Dave assigned tenancy rights in respect of the suit premises to Prabhulal Khimji Thakkar ('Thakkar'). This led to the petitioner instituting a suit against Dave and Thakkar alleging unlawful assignment. The suit was however dismissed. On the basis of evidence led in the present proceedings as well as the statement made by the petitioner before the appeal Court, it is safe to proceed upon the premise that the petitioner accepted that Thakkar is presently t