Judgment

PATHAK, J.:- This appeal by special leave arises out of a suit for a declaration and injunction and raises questions concerning the interpretation and application of certain provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

2. Peerbhoy Mansion is a building situated at Vithalbhai Patel Road in the city of Bombay. It was let to a partnership firm, Gold Field Leather Works. Gold Field sublet a portion of a shop on the ground floor to Manekchand Bhikabhai. The sub-tenant Manekchand sublet it further to Sardar Tota Singh in 1952.

3. Gold Field filed a suit in 1962 against Manekchand for possession of the premises on the ground of unlawful subletting and carrying out unauthorised structural alterations. Manekehand resisted the suit and filed a written statement. During the pendency of the suit Tota Singh applied to the Court for being added as a defendant, but the application was opposed by Gold Field and was rejected. Gold Fields suit was ultimately decreed for possession in accordance with a compromise between the parties.

4. Tota Singh then filed Suit No. 2454 of 1966 for a declaration that he was a lawful tenant in possession of the premises and f