JUDGMENT

VENKATACHALA, J.:—In this appeal by special leave, the summary rejection by the Bombay High Court of an application filed under Art. 227 of the Constitution, for setting aside an eviction order made by the Court of Small Causes at Bombay - the trial court, under clause (c) of sub-sec. (1) of S. 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, to be referred to a the Act and upheld by the appellate Division Bench of the same court -- the appellate court, is questioned.

2. Sudarshan Building No. 2, Shivaji Park Road No. 3, Bombay-28 is a storeyed building comprised of a large number of flats occupied by different tenants. Flat No. 10 in the Second Floor of that building (to be referred to as the premises) was in occupation of the appellant-defendant ever since the year 1952 as its tenant under Kherodkar, the owner of the whole of that building. In the year 1958, when Kherodkar mortgaged with possession the said building in favour of respondents-plaintiffs, the defendant and other tenants in different flats of that building became tenants under plaintiffs (usufructuary mortgagees) and continued as such tenants on payment of monthly rents to them. But, b