Judgment

JAFER IMAM J. : The sole question considered and decided by the High Court was whether the suit filed by the appellants in the City Civil Court could be entertained by that Court, having regard to the provisions of S. 28, Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act). The High Court was of the opinion that the City Civil Court had no jurisdiction to entertain the suit. It did not pronounce any opinion on the merits of the appellants case. The only question which requires consideration in this appeal is whether the High Court correctly decided that the City Civil Court had no jurisdiction to entertain the suit filed by the appellants.

2. The first plaintiff in the suit before the City Civil Court , was a tenant of the premises in question under the first defendant. The second and third plaintiffs were persons to whom the said premises were sublet by the first plaintiff. The first defendant as landlord of the premises in suit gave notice to quit to the first plaintiff on 6th December 1947. Thereafter, he filed suit No. 483/4400 of 1948 in the Court of Small Causes, Bombay on 29th April 1948, where by he sought to evict the