( 1 ) THE second Joint Civil Judge Junior Division Ahmedabad decreed Civil Suit No. 343 of 1957 by the landlord for possession of the premises leased to the tenant on the ground that the tenant had built a house for himself after coming into operation of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 which will hereinafter be referred to as the Act and also on the ground that the tenant had sublet the premises. The suit had been filed both against the tenant as well as against the alleged sub-tenant. In appeal the appellate Court confirmed the decree for possession on the first ground but as regards the second ground relating to the alleged sub-tenancy it gave no finding as it felt that it was not necessary in view of the fact that the appellate Court was confirming the decree of the first Court on the first ground.

( 2 ) IN revision the tenant and the alleged sub-tenant contended that the appellate Court should have given a finding regarding the sub tenancy. It is also contended that after the date of the filing of the revision application on 27-2-59 an Ordinance was passed on 21-5-59 according to which all sub-tenancies which came into being before