Whether the plaintiffs suit for possession of the suit property is maintainable in view of the Notification issued by the Government of Bombay on 16th August, 1958, applying Part II of the Bombay Rents, Hotel and Lodging House Rates Control Act?
They filed a revision petition before the High Court of Bombay, which was dismissed by the order under appeal.
These Issues were decided against the appellants.
Appeal by special leave from the judgment and order dated August 11, 1960, of the Bombay High Court in Civil Revision Application No.
K. Daphtary, Solicitor General of India, Naushir Barucha and K. R. Choudhuri, for the respondent.
The period of the tenancy was 15 years, and it expired by efflux of time on, March 14, 1957.
The Civil Judge framed three preliminary Issues, which were as follows Whether this Court has jurisdiction to try the suit?
If number, what order should be passed?
war Nath, S. N. Andley and P. L. Vohra, for the appellants.
On September 11, 1942, the appellants had executed a rent numbere, under which they were in occupation of the premises in dispute.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
320 of 1959.
The Judgment of the Court was delivered by HIDAYATULLAH, J. This is a tenants appeal, with the special leave of this Court, against an order of Naik, J., of the High Court of Bombay in Civil Revision Application No.
49 of 1961.
April 21.
Meanwhile, under s. 6 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, to be called the Act, in this judgment , a numberification was issued, applying Part II of the Act to the area where the property is situated.
The appellants claimed protection of s. 12 in Part 11 of the Act, which deprived the landlord of the right of possession under certain circumstances.
320 of 1959, by which he disallowed certain pleas raised by the appellants.
The respondent is the landlord.
C. Setalvad, Attorney General for India, Ramesh.
The landlord thereupon filed a suit on April 25, 1957, for possession of the premises, in the Court of the Joint Civil Judge Junior Division , Erandol.
What order?.
