(1) THE appellants are the landlords of commercial premises being Room No. 9, 1st Floor, Vadekar Mansion, Lamington Road, Bombay. The respondents are the tenants of the said premises, being the heirs of the original tenant. On 18-5-1982 a notice was issued by the landlord demanding the arrears of rent and intimating about the termination of the tenancy on the ground that the tenant was a habitual defaulter. This notice was not responded to nor did the tenant file any application in the Small Cause Court for fixation of standard rent within the stipulated period of one month from the date of receipt of the above notice under Section 12(3)(a) of the Bombay Rent Act. The landlords on 24-9-1982 instituted a civil suit in the Court of Small Causes, Bombay praying for eviction of the tenant and recovery of arrears of rent. Since the tenant after entering appearance through the counsel did not appear the trial court on 5-10-1984 passed an ex parte decree. On the tenants application, the ex parte decree was set aside on 13-3-1985. The tenant filed the written statement and after issues were framed, parties led evidence. On 9-2-1988 the trial court decreed the suit. The trial court