SHARAD MANOHAR, J.:---This is an unfortunable piece of litigation. The petitioner before me was the plaintiff in the trial Court. He got a decree for possession in his favour. The decree was set aside by the Appellate Court. As will be seen from the final order, the petitioner is succeeding so far as the present petition is concerned. However, as to when the present petitioner will reap the fruits of this decree is anybodys guess.

2. The facts of the case are follows :---

a) This litigation arises out of the Bombay Rents, Hotel, Lodging House Rates, (Control) Act, 1947 (hereinafter referred to as the Rent Act). The property in question is part of final Plot No. 606/A and 606/B numbered as C.T.S. Nos. 1225/A-1, 1225/1-B-2. The property in dispute originally admeasured 11,000 sq. feet situated at a very prestigious road called Fergusson Road in Poona. The property originally belonged to one Trimbak Hari Awate. On 28-4-1947 the said Awate executed a simple mortgage in respect of the entire property in favour of one Mr. Vaidya. The mortgage amount was Rs. 20,000.

b) The Rent Act came into force on 13-2-1948. On 7-7-1948 a lease deed was executed by said Awate in favour of present