JUDGMENT - Chainani, C.J.

(1) This is a reference made by Naik J. in First Appeal No. 434 of 1963 and Appeals from Orders Nos. 166 and 170 of 1963, which were placed for hearing before him, he was of the opinion that the decisions of this Court on questions, which arose in these appeals were conflicting. These decisions are Abdul Kayum v. Ebrahim, 61 Bom. LR 1223; Ranjit Patiraj v. Beharam, 65 Bom. LR 464 and Ramkishore v. Vijayabahadursingh, 65 Bom. LR 712 Mr. Justice Naik, therefore, directed that the papers may be placed before the Chief Justice to enable him to refer the matter to a Full Bench. Mr. Justice Naik has not formulated the questions, which have to be considered by the Full Bench. In consultation with, the learned advocates who appears for the parties and the Government Pleader, who has appeared in this reference to assist us, we have formulated the following questions for our consideration.

(1) Whether the City Civil Court, Bombay has jurisdiction to entertain a suit for a declaration that a sub-tenancy was created in favour of the plaintiff by the defendant tenant before the commencement of the Bombay rents, Hotel and Lodging House Rates Control (Amendment) Ordinance,

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