ORDER

1. The respondent tenant has died and is represented by his legal heirs. The legal heirs, though noticed, have not chosen to appear and contest the appeal.

2. The suit properties are the residential premises bearing No. 135, Ward No. 1 within the limits of Daund Municipal Corporation in the State of Maharashtra. Proceedings in the courts below have proceeded on the premise that the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short "the Act") are applicable to the suit premises. The appellant initiated proceedings for the eviction of the tenant on the grounds available under clauses (k) and (1) of sub-section (1) of Section 13 of the Act pleading that the premises have not been used for residential purpose for which they were let for a continuous period of six months immediately preceding the date of the suit and that the respondent after coming into operation of the Act had built or acquired vacant possession of suitable residence.

3. The trial court and the appellate court found the ground for eviction having been made out and hence directed that decree for recovery of possession of the premises be passed. The tenant filed a petition