Judgment

TULZAPURKAR, J.:- The short question raised in this appeal is whether a pending appeal would be governed by the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short the Act) upon the Part II of the Act being made applicable to the area in which the suit premises were situate during its pendency?

2. The material facts giving rise to the question are these : by a registered lease dated 3-6-1957 (Ext. 75) the respondents-plaintiffs gave a lease of an open plot admeasuring about 7,500 sq. ft. forming part of a non-agricultural land bearing Survey No. 70/4/1 situated in village Kalwada in Valsad District, Gujarat State to the appellant-defendant for a period of 10 years for the purpose of running a flour mill after making necessary construction thereon at an yearly rent of Rs. 101/-. There was a clause for the renewal of the term but if it was not renewed the lessors were given the right to recover vacant possession on removal of construction at the expiry of the initial term. Admittedly, there was no renewal of the term and therefore on the expiry of 10 years the lessors became entitled to recover vacant possession on 3-6-1967 but the appellant-defendant was