JUDGMENT

CHINNAPPA REDDY, J.:—The appellant in this appeal by special leave under Art. 136 of the Constitution was a member of the Armed Forces of the Union from August 1942 until August 17, 1970 when he retired from the Army. In 1964, he became the owner of a flat in a co-operative society in Tardeo Bombay having inherited the same from his brother. The respondent was already the tenant of the premises when the appellant inherited it as the owner. Soon after his retirement, the appellant filed a suit for ejectment against the respondent on the grounds of default in payment of rent bona fide personal requirement and unlawful subletting. This was in 1971. While the suit was still vending the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 was amended in 1975 by the introduction of Section 13-A-1. This was a special provision aimed at enabling a member of the Armed Forces of the Union or a retired member of the said Armed Forces to recover possession of premises, bona fide required by him for his occupation or the occupation of members of his family on the production of a certificate from the Head of the Service or the Commanding Officer. The certificate was to specify t