Judgement

SHAH, J. :- The respondents sued the appellant for a decree in ejectment in respect of shop Municipal Census No. 1754 at Ahmedabad and for rent in arrears and additional taxes. The Trial Court dismissed the claim for ejectment and passed a decree for arrears of rent and permitted increases. In appeal under Section 29 of the Bombay Rents, Hotel and Lodging House Rates Control Act 57 of 1947, the decree was confirmed on February 25, 1963. By Section 29 (2) of that Act, as it then stood, no appeal lay against any decision in appeal under subsection (1) from the order of the Court of First Instance. The respondent accordingly moved the High Court of Gujarat by a petition under Section 115 of the Code of Civil Procedure. When this petition was pending in the High Court, Bombay Act 57 of 1947 was amended by Gujarat Act 18 of 1965, and sub-section (2) of Section 29 was replaced by the following sub-section :

"No further appeal shall lie against any decision in appeal under sub-section (1), but the High Court may, for the purpose of satisfying itself that any such decision in appeal was according to law, call for the case in which such decision was taken and pass such order with re