JUDGMENT

ALAGIRISWAMI, J.:— This is an appeal against the judgment of ,the High Court of Bombay in an application under Article 227 of the Constitution by which it not only set aside the ex parte decrees passed by the Court of Small Causes, Bombay in a suit for eviction and rent but dismissed the suit itself. The facts are as follows:

2. The appellants-plaintiffs filed a suit against the defendants respondents for recovery of possession of the property leased to them as also rent and mesne profits in March 1968. It was alleged that the defendants were in arrears of rent from 1st March 1966 and that the rent was Rs. 385/- a month. On 30 January 1968 a notice to quit was given to the defendants and the notice was served on 1st February 1968. On 20th February 1968 they filed an application under Sec. 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 for fixation of standard rent. It was thereafter that the suit was filed in March 1968. On 23rd November 1968 the suit came up before a Judge of the Small Causes court and after hearing the parties he made an order requiring the defendants to deposit Rs. 13,090/- as rent due up to the end of December 1968 and interim s