D H MANIAR Vs. WAMAN LAXMAN KUDAV

JUDGEMENT

(1.) The appellants in this appeal by special leave had filed an application under section 41 of the Presidency Small Cause Courts Act. 1882 - hereinafter referred to as the S. C. C. Act, against the respondent to compel him to quit and deliver up the possession of the premises in question. The Small Cause Court made an order in favour of the appellants under Section 43 of the S. C. C. Act. On the filing of an application in revision by the respondent in the Bombay High Court, a learned single Judge of that Court has set aside the order of the Small Cause Court and dismissed the appellant's application for eviction of the respondent. Hence this appeal.

(2.) This Court does, as it ought to, act with restraint and is loathe to pass any harsh or unpalatable remark concerning the judgment of a High Court. But sometimes constraint outweighs restraint and compels this Court in discharge of its duty to make some strong observations when it finds the judgment of the High Court running galore with gross and palpable mistakes of law almost amounting to judicial imbalance in the approach to the case. We regret to say that this is one such case.

(3.) The appellants had allowed the respondent to occupy the shop premises in question which are situated outside Swadeshi Market, Kalbadevi Road in Bombay under certain agreements of leave and licence which were renewed from time to time. The last agreement was dated April 30, 1965. Duration of the period of licence mentioned in this agreement was in the following terms: