M.N. CHANDURKAR, J.:---These two petitions have been referred to the Division Bench on an order of reference made by a learned Single Judge, who experienced some difficulty in following decision of Jahagirdar, J., in (Gulabchand v. Noorbeg)1, 1980 Bom.C.R. 716 : A.I.R. 1980 Bombay 307. The questions referred relate to the construction of the provision of section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rate Control Act, 1947 (hereinafter referred to as the "Rent Act") and the determination of the correct ratio of two decisions of the Supreme Court in (Shah Dhansukhlal Chhaganlal v. Dalichand Virchand Shroff )2, A.I.R. 1968 S.C. 1109, and (Harbanslal Jagmohandas and another v. Prabhudas Shivlal)3, A.I.R. 1976 S.C. 2005. Since the only points on which the decisions of both the petitions will really turn related to the construction of the provisions of sections 12(3)(a) and 12(3)(b) of the Rent Act, we have heard the learned Counsel for the petitioners and the respondents in these cases not only on the questions of law referred but also on the merits of the two petitions and this judgment will, therefore, dispose of both the petitions.

2. The three questions of l