JUDGMENT - R.A. JAHAGIRDAR, J.:---In my opinion, the point which arises for decisions in this petition under Article 227 of the Constitution of India has already been decided by the Division Bench of this Court, consisting of Dharmadhikari and Chaudhary, JJ. Dharmadhikari J., delivered the concerned judgement in Writ Petition No. 1464 of 1981 (Prabhulal Chhogalala Mandore v. Bastiram Himatram Bhutada and another)', on 11th of September, 1989: 1990(1) Bom.C.R. 529). The facts leading to this petition, however, have got to be stated.

2. The respondent as a landlord filed a suit, being Regular Civil Suit No. 221 of 1971 against two brothers hereinafter referred to as "defendants" Nos. 1 and 2. The suit was filed on two grounds, namely, that defendant No. 1, who was the original tenant, had illegally sublet the suit premises consisting of four rooms to defendant No. 2 and further that defendant No. 1 was guilty of arrears of rent, deserving a decree of eviction under section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter referred to as "the Bombay Rent Act", as it then stood.

3. The trial Court rejected the claim of the respondent, hereinafter ref

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