Judgment

RAY, J. :- This is an appeal by special leave from the judgment dated 1 March, 1967 of Naik, J. of the High Court at Bombay allowing Civil Revision Application under Section 115 of the Code of Civil Procedure filed by the respondent Dr. Deshpande.

2. The principal question which falls for consideration in this appeal is the construction of Section 42A of the Presidency Small Cause Courts Act, 1882 (referred to as the 1882 Act) incorporated by Maharashtra Amendment Act 1963. The section is set out hereunder :

"42A. Procedure where occupant contests as a lawful tenant, etc. - (1) If in any application pending in the Small Cause Court immediately before the date of the commencement of the Presidency Small Cause Courts (Maharashtra Amendment) Act, 1963 (Mah. XLI of 1963) or made to it on or after such date, the occupant appears at the time appointed within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947) and in consequence whereof he is entitled to the protection of that Act, and if such claim is not admitted by the applicant, then notwithstanding anything contained in that Act, the question shall be decided by the Small Cause