JUDGMENT - A.P. SHAH, J.:---Whether a property which was an agricultural land at the time of letting and had ceased to be agricultural land on the date of the suit for eviction is a premises within the meaning of section 5(8) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("the said Act", for short), and would attract provisions of the said Act, is the principal issue, which falls for consideration in this Civil Revision Application among other issues.

2. The respondent (original plaintiff) is the owner of an open plot of land admeasuring 2420 sq. yds. situate at Gundavli, on Kurla-Andheri Road, Bombay. By Indenture of Lease dated November 18, 1950, the respondent granted lease of the said open plot in favour of the petitioners (original defendants) on the Terms and Conditions set out in the Indenture of Lease. The said lease was to commence from April 1, 1949 for a period of 20 years and was to end on March 31, 1969, with a clause pertaining to renewal of the lease. Clause 5 of the lease-deed provided as follows:--

"The leassee shall before the 30th day of September 1950 erect building on the said land hereby demised of the value of not less than Rs. 12,500/- a

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