Judgment

BHAGWATI J.:- This litigation has had a chequered career covering a period of about ten years and we hope that this judgment will bring the final curtain upon it. It is a litigation between landlord and tenant and as is usual with this type of litigation, it has been fought to a bitter end. Much of the agony to which the tenant has been subjected in this litigation would have been spared if only the High Court had kept itself within the limits of its supervisory jurisdiction and not ventured into fields impermissible to it under Article 226 or 227 of the Constitution.

2. The dispute in this appeal relates to a shop consisting of four compartments on the ground floor of a building situate formerly in Raviwar peth, but now in Budhwar Peth, Poona. The appellant was admittedly a tenant of the shop since 1949 and the standard rent and permitted increases in respect of the shop are Rs. 20.12 per month. There was at one time a dispute between the parties as to what was the purpose for which the shop was let to the appellant, but having regard to the finding given by the First appellate Court, which is the ultimate court of fact, it must be taken that the shop was let out to the app