( 1 ) THIS application and Civil Revision Applications Nos. 96 of 1960 and 8 of 1961 though involving different facts raise common questions of law as to the construction of sec. 12 of the Bombay Rents Hotel and Lodging House Rates (Control) Act (LVII of 1947) (hereinafter referred to as the Act) and can expediently be disposed of by a common judgment. Though questions arising in these applications have been previously dealt with in several applications of this kind there have been so many opinions diversely expressed in reported as well as unreported judgments that we think that the law laid down in section 12 of the Act needs to be restated.

( 2 ) WE propose to take up first Civil Revision Application No. 86 of 1960 as it is in that application that the learned advocates concerned therein as also others interested in the other applications urged their various points of view and pointed out to us expressions of opinions in several judgments both reported and unreported.

( 3 ) IN Civil Revision Application No. 86 of 1960 the petitioner took over the premises in question on October 13 1952 as a monthly tenant at Rs. 25/as rent per month. He paid the rent upto July 12