Judgement

DAS GUPTA, J. : When a lessee takes lease of open land for the purpose of constructing on it buildings intended to be used for residence or for business is this "letting for residence", or "letting for business"? That is the short question which arises for decision in these four appeals.

2. The appellant brought these four suits in the City Civil Court. Bombay, for recovery of arrears of rent in respect of the premises mentioned in the plaint of these several suits. It is clear under the law that the City Civil Court, Bombay, would have no jurisdiction to try these suits if the provisions of Part II of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Act No LVII of 1947), which later in this judgment we shall refer to as the "Rent Act", applied to the premises in suits. For this reason the plaintiff stated in the plaint itself that this Rent Act did not apply to the demised premises. The defendant in each case pleaded on the contrary that the Rent Act applied and so the City Civil Court had no jurisdiction to try the suits. The first issue framed in each of these suits therefore was whether the Court had jurisdiction to entertain the suit. The learn