- (1.)These two appeals are being disposed of by this common order. Both the appeals are against the judgment dated 10-3-1999. In this judgment parties will be referred to in their capacity in civil appeal 594/2000. Briefly stated the facts are as follows;-
The appellant is the landlord of a flat in "oyster Apartments" Pilot Bunder Road, coloba, Mumbai 400005. The appellant was a naval officer and as such was being posted to various places in India. Therefore, the appellant, by an agreement dated 21.2.1969 gave the said flat on leave and licence to the 1st respondent - company. Clause 5 (c) and (f) are relevant for our purpose. They read as follows:- "5. " (c) To use and occupy the said premises as residence only for their officers and employees and for no other purpose. The licensees have however informed the licensor that the said premises shall in the first instance be occupied by Dr. Surinder P. S. Pruthi one of the licensees' officers. (f) Not to allow any person other than their officers or employees to use and occupy the said premises or any part thereof. "

(2.)The said Dr. Surinder PS Pruthi is the 2nd respondent in civil appeal no. 594/ 2000.
(3.)The appellant retired from naval services some time in 1970. Thereafter a fresh leave and licence agreement dated 3-1-1972 was entered into. The said agreement also contain similar clauses.