Judgment - Chagla, C.J.

1. A rather interesting question relating to the competence of the State Legislature arises in this civil revision application. The landlord filed a suit, for evicting his tenant. The premises are-situated in the cantonment area of Kirkee. The trial Court held that the tenant was protected under the Rent Restriction Act (Bombay Rents, Hotel and Lodging House Rates Control Act, 57 of 1947) and dismissed the landlords suit. In appeal the District Judge, Foona. confirmed the decision of the trial Court and dismissed the appeal.

2. In revision the contention raised by Mr. Kotwal on behalf of the landlord is that the Rent Restriction Act, to the extent that it protects the tenants and creates a statutory tenancy, does not apply to the cantonment area of Kirkee. For this purpose reliance is placed on Entry 2 in List I of the Seventh Schedule to the Government of India Act. The case was governed by Act 57 of 1947 and therefore competence of the Legislature has got to be determined by the Government of India Act and not by our Constitution. Entry 2 in List I confers upon the Central Legislature the competence to legislate with regard to (and we are only setting out

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