CHAGLA, C.J. :- This appeal arises out of a decree of ejectment passed by the learned City Civil Judge Mr. K.M. Vakil. It would appear that the defendants became tenants of flat No.4 and garage No.6 in a building known as "Roshera". This building was owned by a private individual. But in January 1948 the property was purchased by the Union of India. In May 1949 the Union of India served upon the defendants a notice to quit, and as the defendants failed to give possession, the suit was filed from which this appeal arises.

2. The defendants sought protection of the Rent Restriction Act. The answer given to that plea by the plaintiff was that under S.4, Rent Restriction Act, the Union Government was exempted from the application of the provisions of the Act and, therefore, the defendants could not claim the protection of the Act. This contention was accepted by the learned Judge, who in a well-considered judgment considered the various pleas advanced by the defendants and decided against them.

3. Before us it has been contended by Mr. Javeri in the first instance that S.4(1) of the Act does pot apply to the Union Government and that it only applies to the State Government. That