JUDGMENT

AHMADI, J. - This is a tenants appeal by special leave directed against the judgment of the High Court of Maharashtra at Bombay whereby it confirmed the eviction order passed by the 6th Additional District Judge, Pune, in Civil Appeal No. 662 of 1988 in reversal of the order of dismissal of the suit passed by the learned Additional Judge of the Court of Small Causes, Pune, in Civil Suit No. 348 of 1985 on April 30, 1988. The brief facts giving rise to this appeal are as under :

On February 5, 1976 the appellant executed a lease agreement in respect of a part of the ground floor of property bearing City Survey No. 1205/2/9 situate at Shivaji Nagar, Pune city, more particularly described in paragraph 1 of the said agreement. The said premises were taken on rent for the purposes of restaurant business on monthly rental basis. By clause 3 of the agreement the appellant undertook to pay a total rent of Rs. 1000 per month for the demised premises (Rs. 900 for the hotel portion and Rs. 100 for the garage); the said rent being payable every month in advance. Clause 5 of the agreement prohibited sub-letting of the premises or parting with the possession thereof in any other manner.