Judgment

VAIDIALINGAM, J.:-The petitioners in both these applications have taken on lease the ground floor portion of property in Ward No. V Nondh No. 1088 of Surat. The respondent became the owner of the said property by purchasing it from the previous owner by a registered sale deed dated September 18, 1958. The petitioners who were the tenants of the premises even prior to the date of purchase by the respondent, have continued to be his tenants and they are using the premises for their business purpose. The respondent landlord filed on February 12, 1967 a Civil Suit No. 144 of 1967 in the Court of the Third Joint Civil Judge, Junior Division, Surat for evicting the petitioners.

2. According to the landlord the petitioners had not paid the rent for a period of over six months and had also not complied with the notice issued under Section 12 of the Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947 (Act 57 of 1947) (hereinafter called the Bombay Rent Act). The respondent had alleged that he had terminated the tenancy of the petitioners by notice dated November 24. l966. The respondent sought eviction of the petitioners on two grounds, namely, (1) default in payment of re