( 1 ) THIS is a revision application under Sec. 29 (2) of the Bombay Rent Act at the instance of the legal heir of the original tenant (who died during the pendency of the appeal before the lower Appellate Court), challenging the judgment and decree passed by the Trial Court and confirmed by the lower Appellate Court. The respondent-landlord had sued the defendant-tenant for a decree of eviction on the ground that he had unlawfully sublet the suit premises and that he was, therefore, entitled to a decree of eviction under sec. 13 (1) (e) of the Bombay Rent Act. The Trial Court, after appreciating the evidence on record, found in favour of the plaintiff-landlord and passed a decree for eviction. The defendant-tenant preferred an appeal under Sec. 29 (1) of the said Act before the lower appellate Court. The lower Appellate Court, after reappreciating the entire evidence on record, dismissed the appeal and confirmed the decree of eviction passed by the Trial court. Hence the present revision at the instance of the heirs of the original defendant-tenant.

( 2 ) BEFORE proceeding with the merits of the matter it would be pertinent to bear in mind the principles laid down