Judgment

KANIA, J. :- This Appeal, by Special Leave granted under Article 136 of the Constitution, raises a short but interesting question as to the interpretation of sub-section (4)(a) of Section 4 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter referred to as "the Bombay Rent Act").

2. As the only point canvassed before us is a point of law, the relevant facts can be shortly stated.

3. The Appellants are the sub-tenants of Respondent No. 1 Firm in respect of Gala No. 4 or Bay No. 4 in a godown situated at the Grain Market at Dana Bunder in Bombay. Respondent No. 1 Firm were the tenants of the said premises, namely, the said godown in which the said Gala is situated, having taken a lease of the building in which it is situated along with the land on which the building stands from the Bombay Port Trust under a written agreement. The Appellants were in occupation of the said Gala under written agreements executed from time to time for a period of one year each. The last such agreement was executed on 7th November, 1970 and was to expire on 19th October, 1971, that is, at the end of Samvat year 2827 (2027?). Respondent No. 1 Firm served a notice through their advocate on the Appellants on 13th January, 1972 to hand over the possession of the said premises, namely, the said Gala (referred to hereinafter as "the said premises") inter alia on the ground that the period of the lease had expired. In their reply dated 14th January, 1972, the Appellants contended that they were lawful sub-tenants of Respondent No. 1 Firm in respect of the said premises and were entitled to the protection of the Bombay Rent Act. Respondent No. 1 Firm in their reply denied that the Appellants were entitled to protection under the said Act. Respondent No. 1 terminated the tenancy of the Appellants by their notice dated February 3, 1972. In the correspondence ensued thereafter between the parties, they repeated their respective stands. Respondent No. 1 filed a suit in the Bombay City Civil Court to recover possession of the said premises. The Appellants in their written statement took up the contention that, they were not liable to be evicted as they were entitled to protection under the provisions of the Bombay Rent Act. The Bombay City Civil Court decreed the suit of Respondent No. 1. On an appeal by the Appellants, a learned Single Judge of the Bombay High Court remanded the suit to the Bombay City Civil Court for recording findings on two questions, namely, (1) as to who were lessors of the defendants whose monthly tenancy commenced in the year 1957 and (2) whether that tenancy was legally and validly terminated. On remand the Bombay City Civil Court held that the lessors of the Appellants in 1957 were one Meghji and Kanji and that the tenancy of the Appellants was not validly terminated. Thereafter the Appeal of the Appellants came up for hearing before a learned Single Judge of the Bombay High Court. He held that the notice of termination of tenancy dated 3rd February, 1972 was a valid notice terminating the Appellants tenancy and that the provisions of the Bombay Rent Act did not apply to the premises in question. The learned Single Judge upheld the decree of eviction originally passed by the Bombay City Civil Court. A Letters Patent Appeal was preferred against this judgment to a Division Bench of the Bombay High Court but the same was dismissed by a short order. This Appeal is directed against the judgment and order of the Division Bench of the Bombay High Court.

4. The only submission made before us by Dr. Chitale, learned Counsel for the Appellants, was that the impugned judgment was erroneous and liable to be set aside as the said premises, namely, the said Gala No. 4, were entitled to the protection of the provisions of the Bombay Rent Act and Respondent No. 1 Firm was not entitled to a decree for eviction as none of the grounds for eviction under that Act had been made out.

5. It may be mentioned here that for t