Judgment

GAJENDRAGADEKAR, J. : This appeal by special leave raises a short question about the construction of S. 17 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (No. 57 of 1947) (hereinafter called the Act). The said question arises in this way. The appellant Krishanlal Ishwarlal Desai is the landlord who owns an open plot of land named Hathi Khada in Kalasawadi town in the district of Surat. The said plot measures 32,406 sq. ft. This plot was in the possession of the respondents Bai Vijkor and others as tenants. In 1951, the appellant sued the respondents in ejectment. He claimed that under Section 13 (1) (g) and (i) of the Act he was entitled to recover possession of the premises consisting of the open plot in question. This claim was resisted by the respondents. The trial Court held that the appellant had not established his case under S. 13 (1) (i) but had proved his claim under S. 13 (1) (g). Having recorded this finding, the trial Court proceeded to examine the extent of the requirement proved by the appellant. Section 13 (1) (g) provides inter alia, that notwithstanding anything contained in the Act, a landlord shall be entitled to recover possession o