Judgement

SABYASACHI MUKHARJI, J.:- The following two questions arise in this appeal by special leave from the judgment and order of the learned single Judge, Bombay High Court dated 20th December, 1985 :

(i) how far can the High Court in exercise of the power under the writ jurisdiction under Art. 227 of the Constitution interfere with the findings of facts by the appropriate authorities; and

(ii) whether and how far a statutory tenant governed by the Bombay Rent Act, 1947 could have created a valid licence before 1973 ?

2. In order to appreciate the questions, it is necessary to refer to certain facts. One Shri S. P. Rao was an oral lessee in respect of Flat No. 10-A in Konkan Co-operative Housing Society Ltd. Mahim, Bombay (hereinafter called the said premises) of one Smt. Ashalata S. Guram, the respondent herein since 1952. On or about 10th November, 1966, it is alleged that there was a written agreement of leave and licence entered into between the tenant, Shri S. P. Rao and the appellant herein in respect of the premises being the entire flat. According to the respondent landlady this is an ante document created for the purpose of the present obstructionist proceedings out of whi