( 1 ) THIS revision application has been referred to a Division Bench as it raises a question of some importance under the Rent Act. The petitioner is the original defendant No. 1 and respondent No. 1 is the original plaintiff to the suit out of which arises this application. The plaintiff filed a suit for recovery of Rs. 1900. 00as arrears of rent of the property in suit which is a weaving factory. lie also sought possession of the same and mesne profits. This case was that property together with machinery which formed part of the factory had been leased to the defendants for the purpose of a weaving factory at the monthly rent of Rs. 300. 00. The defendants in their written statement raised numerous contentions. They claimed that standard rent of the premises should be fixed and that they were entitled to the protection of the rent law. The learned Civil Judge framed two preliminary issues and had decided both of them against the petitioner tenant. The first issue related to the validity of the notice to quit which the plaintiff had served on the tenant. The second issue related to the contention of the plaintiff that the factory which was situate in a house belong