JUDGMENT - A.P. SHAH, J.:---Whether Rule 9(2) of the Bombay Rents, Hotel and Lodging House Rates Control Rules, 1948, is in excess of rule making power of State Government? Whether the said rule can be branded as arbitrary and unreasonable and invalidated on that count? Are the main issues involved in this writ petition.

2. The facts giving rise to this petition lie in a narrow compass.

The petitioner is the landlady of a chawl by name Shankar Patil Chawl at Andheri. A double room tenement, hereinafter referred to as "the suit premises", was let out to one Ramchandra Shirodkar at a monthly rent of Rs. 32.25 Ps. plus water charges of Rs. 4/- per month. After the death of the said Ramchandra, the respondents were accepted as tenants of the petitioner in respect of the suit premises.

The petitioner filed R.A.E. Suit No. 3391 of 1970 in the Bombay Small Causes Court on the ground of non-payment of arrears of rent of more than six months as well as the ground of waste of the suit premises allegedly caused by the respondents by reason of enclosing the front verandah of the premises. The learned Single Judge of the Small Causes Court by his judgment and decree dated July 25, 1980 decreed t

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