( 1 ) THIS litigation has had a checkered history and it is necessary to Set out briefly the relevant facts leading upto the filing of this petition. A recapitulation of these facts is necessary for the purpose of appreciating the preliminary objection raised on behalf of the respondents against the maintainability of the petition. The dispute in the petition relates to two rooms on the ground floor of a building known as Himmat Nivas situate in Ahmedabad. The premises were let out by the original owner to the petitioner at a monthly rent which according to the petitioner was Rs. 50 per month inclusive of municipal taxes and electricity charges. The rent according to the respondents however was Rs. 50 per month plus municipal taxes plus Rs. 5 in respect of electricity charges. We shall presently refer to this dispute about the rent but in the meantime it Day be pointed out that the original landlords sold the premises to the first respondent on 2nd January 1956 and the first respondent accordingly become the landlord of the premises. The petitioner admittedly fell in arrears of rent from 1st April 1956 and the first respondent therefore gave a notice dated 20 Febr