Judgment

SHAH, J. : (for himself and A. K. Sarkar J.) For reasons which we will presently set out, special leave to appeal against the judgment of the High Court of Bombay granted by this Court must be vacated because it had been procured by the appellant without disclosing all the material facts.

2. Rajabhai Munshi who will hereinafter be referred to as the defendant is since 1935 a tenant of Vasudev Mody - hereinafter called the plaintiff - in respect of a piece of land situate in the town of Ahmedabad. The rent of the land as originally stipulated was Rs. 411/- per annum, and it was by mutual agreement enhanced to Rs. 851/- per annum in 1948. The plaintiff filed suit No. 2014 of 1952 against the defendant in the Court of Small Causes exercising jurisdiction under S. 28 of the Bombay Rents and Lodging House Rates (Control) Act, 1947 (Act 57 of 1947) for an order in ejectment against the defendant on the plea amongst others that the latter had made default in payment of rent due by him. The defendant contended inter alia that the rent stipulated was in excess of the standard rent payable by him. The Trial Court assessed the standard rent payable by the defendant at Rs. 446/- per a