JUDGMENT :

Dama Seshadri Naidu, J.

The Petitioner is a licensee, the 1st respondent the licensor- Company, and the 2nd respondent its Director. In fact, the present licensor's predecessors entered into a leave and license agreement with the petitioner on 1st October 1998. The licenced property is an industrial shed, admeasuring 4000 sq. ft. The rent then fixed was at Rs.6000/- per month, with Rs. 34,00,000/- as the refundable deposit. The leave and license agreement shall be renewed for 7 terms. Each term coming to five years, the total lease period would be 42 years.

2. But in 2008, the licensor predecessor, that is the original licensor, filed L.E. Suit No.71/84 of 2008 and secured an eviction decree on 15th April 2013. The eviction was on the grounds that the licensee did not come forward to have the license period renewed despite the licensor's readiness.

3. Aggrieved, the licensee filed an Appeal No.41 of 2013 before the Appellate Bench of the Small Cause Court, Mumbai, under Section 34 of the Presidency Small Cause Courts Act,1882. The Appellate Bench invoked Order 41 Rule 5 of Civil Procedure Code,1806 (CPC), and stayed the execution of the decree subject to the licensee's depos