SURYAKANT WALCHAND SHAH AND UDAY KRISHNARAO GHATAGE Vs. SHAHANAVAZ HANIFSAHEB BHOKARE AND A HAMID HANIFSAHEB BHOKARE

JUDGEMENT

(1.) These appeals come before us on a reference to a Larger Bench. Abbreviated to the minimum, the relevant facts and circumstances are as follows :---

(2.) After terminating the respective defendants tenancy, the respective plaintiffs filed suit for possession. The defendants claimed protection of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Act No. LVII of 1947-hereinafter the Rent Act ). The trial Court held that the Rent Act did not apply to the suit area i.e. the area where the suit premises were situate. Their being no other valid defence to the claim for possession, the suits were decreed. Appeals therefrom failed. Hence these second appeals by the respective defendants.

(3.) A learned Single Judge of this Court referred these appeals to a Division Bench. The Division Bench referred the same, in turn, to the learned Chief Justice for placing them before a Larger Bench. Hence this Full Bench.