NATHWANI J.- This Revision Application by one Habib Ahmed Khudabux who had obstructed the execution of a decree obtained by respondent No. 1 against respondent No.2 is referred to a Division Bench by Mr. Justice Vimadalal as he thought that there were conflicting decisions of single Judges of this Court on the point, namely, whether an appeal lies to a Bench of the Presidency Small Causes Court at Bombay from an order made by a single Judge of the said Court under Order XXI, rule 98 of the Code of Civil Procedure in execution of a decree passed under section 28 (I) of the Bombay Rents, Hotel and Lodging House Rates Control Act of 1947 (hereinafter referred to as the Rent Act).

2. Respondent No.1 is the owner of a property situate at Victoria Garden Road, Bombay, and, according to him, respondent No.2 was a monthly tenant of a shop on the ground floor of the said property at a rent of Rs. 50 per month. In 1962 respondent No. 1 (original plaintiff) filed R. A. E. Suit No. 257 of 1962 against respondent No.2 to recover possession of the said shop in the Small Causes Court at Bombay under section 28 (I) of the Rent Act and obtained an ejectment decree on April 9, 1965. Respond