JUDGMENT - Dr. CHANDRACHUD D.Y., J.:---Both these petitions under Article 227 of the Constitution are directed against a judgment and order dated 6th September, 1989 of the Additional District Judge, Pune. The suit for eviction filed by the landlord came to be dismissed. The dismissal of the suit by the Additional Small Causes Judge, Pune on 28th February, 1986 was affirmed by the Additional District Judge. Writ Petition No. 4819 of 1990 is by the landlord while Writ Petition No. 553 of 1990 is filed by the original second defendant who seeks to impugn that part of the judgment of the courts below in so far as it holds that he was not entitled to the benefit of the provisions of section 5(11)(c) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947. For convenience of reference, it would be appropriate to refer to the parties as the landlord and the tenant.

2. The premises in the present case consist of a residential flat bearing Flat No. 5 of Block No. 3 situated in Krishna Niwas, Pudamjee Compound, Pune-2. The premises consist of two rooms, one Kitchen, a toilet and a balcony totally admeasuring 500 sq. ft. The premises were originally let out by the landlord to o

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