DESHMUKH J.- This writ petition arising under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the 'Rent Act') has been referred to a Division Bench by a learned single Judge of this Court. The point involved is in a view simple but the reference became necessary because of two conflicting judgments of single Judges both of which were reported, Hence the learned single Judge thought that the point should be disposed of by a larger Bench.

2. The petitioner before us is a tenant of the property and present respondents Nos. 1 to 7 are the heirs and legal representatives of the original landlord, who was the plaintiff in the suit. There is no dispute that the petitioner tenant is a monthly tenant and pays an aggregate rent of Rs. 8. This is also the standard rent, as there is no dispute about it in this litigation. Admittedly, it appears that the landlord served a notice on the tenant on April 15, 1965, as per exh. 24, and claimed arrears of Rs. 123.44 at the rate of Rs. 8 per month. This would be the arrears for more than 15 months. The tenant replied by his notice dated April 24, 1965 and pointed out that since O