JUDGMENT - G.H. GUTTAL, J.:---The question for consideration in this petition under Article 227 of the Constitution of India, is whether the Bombay Rents, Hotel Lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act) was applicable to the premises in Pune Cantonment on 27th November, 1973.

2. The Respondents Nos. 1 to 3 and a gentleman by name Framroze Mistry, since deceased, in their capacity as trustees of the estate of one Mr. D.P. Pocha, are the owners of a flat in House No. 2504 situated at Sir E.H. Jaffar Road Cantonment, Pune. The respondent No. 4 was the tenant and the petitioner was the sub-tenant of the suit premises. In Suit No. 3365 of 1973, instituted on 27th November, 1973 a decree of eviction under the Bombay Rent Act was made against the respondent No. 4 and the petitioner. The decree is dated 21st October, 1975. It was confirmed by the District Court, Pune on 7th March, 1977 in Appeal No. 75 of 1976 and received approval of this Court by dismissal of a petition under Article 227 of the Constitution of India filed by the petitioner.

Then the petitioner filed Regular Civil Suit No. 447 of 1980 in the Court of the Civil Judge, Junior D

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