LAWS(GJH)-1977-12-18

PRAVINCHANDRA SAMALDAS PATEL Vs. SARASWATIBEN RANCHHODBHAI

Decided On December 25, 1977
PRAVINCHANDRA SAMALDAS PATEL Appellant
V/S
SARASWATIBEN RANCHHODBHAI Respondents

JUDGEMENT

(1.) In these Civil Revision Applications the learned Single Judge has formulated the following eight questions in his order, which according to him arise for consideration, and which being of general importance, the same have been referred to us. The said order mentions the following eight questions, which according to the learned Single Judges are questions which are likely to arise for consideration :-

(2.) Before we propose to answer these questions, it will be proper to consider the scope of this reference because the learned Single Judge has not referred these four matters as such, but under Rule 5 of the Appellate side Rules Chapter I, he has referred only the question arising in these four matters; and in fact, while setting out the eight questions, the learned Single Judge has described those questions as only questions which are likely to arise for consideration. The relevant Rule 5(1) in Chapter I of the Appellate Side Rules runs as under :-

(3.) Section 12 of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 hereinafter referred to as 'the Act' runs as under :-