Judgement

S. R. DAS J. : This is an appeal by special leave from the judgment and order of the High Court of Judicature at Bombay passed on 25-1-1952 in Civil Revision Application No. 1119 of 1951. It arises out of a suit filed in the Bombay Small Causes Court under S. 28, Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, for ejectment from and compensation at the rate of Rs. 370 per month from 1-11-1947, for the use and occupation of the second floor flat of Sunama House situated in Cumballa Hill, Bombay. The plaintiffs are the trustees of the will of Framroze D. B. Taraporewala deceased and as such the owners of the Sunama House. The defendants are two in number, namely the first defendant Mrs. Dinbai K. Lala to whom the said flat was let out by the plaintiffs on or about 1-9-1942 at Rs. 370 per month and the second defendant a limited company to whom the first defendant had sublet the said flat as from 16-11-1947 at the same rent. The defendants contested the suit on a variety of grounds, but the trial Court by its judgment dated 18-10-1950 rejected all the pleas and passed a decree directing both the defendants to vacate the flat by 31-3-1951 and awarding, only as a