Kotval, C.J.

1. This reference raises important questions as to the construction of Section 12 of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (Act 57 of 1947). The Special Civil Application was originally heard by a single Judge. He referred it to a Division Bench and the Division Bench has referred it for decision to a Full Bench upon two Questions which are as follows:--

""1. Whether in a proceeding to which Section 12 (3) (a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, would otherwise apply, the tenant-defendant can prove that a dispute about standard rent exists without following the procedure laid down in Explanation I to Section 12?

2. Can he then also take the defence that Section 12 (3) (a) does not apply and Section 12 (3) (b) applies?"" Since two specific questions have thus been referred but not the whole petition it is really unnecessary to consider the case upon the facts but it will tend to an understanding of the questions that have been referred if we briefly set out the circumstances under which the reference arose.

2. The petitioner is the landlord of a house in Kolhapur. On 1st October 1961 he let it out to Gaja