JUDGMENT - KANADE V.M., J.: - By order dated 26-4-2001, the learned Single Judge of this Court felt that there was a conflict of decisions between the two learned Single Judges regarding the interpretation of the provisions of section 13(1)(i) and 13(1)(g) read with section 13(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (For short "Bombay Rent Act"). Therefore, the learned Single Judge by order dated 26-4-2001 directed that the matter be placed before the learned Chief Justice for placing the matter before the appropriate Division Bench to resolve the conflict in the two decisions of the learned Single Judges of this Court. Accordingly, the matter has been placed before the Division Bench. The other connected matters are also placed along with Writ Petition No. 1751 of 2001. Since the issue involved in both these petitions is identical, all these matters are decided by a common judgment.

2. The controversy which falls for consideration before this Court is as to which clause of section 13(1) of the Bombay Rent Act is attracted in a case where the premises is an open land and eviction is sought for the construction of the building which is for the occupati

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