(1.) Leave granted.
(2.) This litigation, even by now a quarter of a century old, shows fortune fluctuations as between a landlord and his tenant. The latest gainer is the tenant when the High Court of Bombay saved him from the peril of eviction. It is now the turn of the landlord and hence he challenged the judgment by filing this appeal by special leave.
(3.) In the year 1975, appellant-landlord spread his net so wide with multi-spoked grounds, as to catch the tenant by an order of eviction on the expectation that at least one of the grounds would click and the tenant could be evicted from a shop room situated at Solapur (Maharashtra). But the trial Court found none of the grounds in his favour and consequently non-suited him. However, the Appellate Court, after testing all the grounds employed by the landlord, found all of them but one, unsubstantiated. The one on which Appellate Court favoured the landlord was the ground envisaged in section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short "the Act"). Resultantly the Appellate Court granted a decree for eviction with a rider that the tenant need vacate the premises only within four months. The Appellate Court passed the judgment on 30-8-1982.