Judgment

KASLIWAL, J.:- This appeal by grant of special leave is directed against the judgment of the Bombay High Court dated 30th August,1991 in a suit for possession under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act). The suit was dismissed by the 7th Additional Small Causes Judge. On appeal the learned 10th Additional District Judge, Pune by judgment dated 25-4-1991 se aside the order of the trial Court and decreed the plaintiffs suit for possession. The tenants filed the writ petition in the High Court challenging the order of the Additional District Judge, but the same was dismissed and the decree for possession passed by the Additional District Judge was affirmed.

2. The trial Court held that the service of notice dated 7-8-1980 on the defendant tenants was not held proved. The plaintiffs were unable to prove that the postal acknowledgment Exhibit 51 contained the signatures of defendant No. 2 or 3. It was held that on the point of service of notice the case of the plaintiff was rather confusing and not clear. It was held that even assuming that the notice had been served yet the case did not fall under 12(3)(a) of the