JUDGMENT - SHARAD MANOHAR, J.:---Missapprehension and confusion as regards elementary principles of law relating to leases has resulted in these proceedings seeing the precincts of this Court. Factually speaking, the legal position was not in dispute in this Court, thanks to the candid and realistic attitude taken by both the learned Advocates before me, but my attention was drawn to the fact that the mistake detected in the judgment of the lower Court is being repeated quite frequently by some of the courts below. This is the only reason I am delivering this judgment just with a view to clarify the position of law, on first principles.

2. The facts relating to the appeal are very simple. The suit premises are situate in an area which was not governed by the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 (hereinafter for the sake of brevity referred to as 'the Rent Act"), till the date of the institution of the suit and for a long time thereafter. The appellant, who shall be referred to hereinafter as the plaintiff, let out the premises on lease to the respondent, who shall be referred to hereinafter as the defendant, a few years before 1974-76. The grievance of the

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