( 1 ) THIS revision petition is filed by the original defendant (tenant) under sec. 29 (2) of the Bombay Rents Hotel and Lodging House Rate Control Act 1947 (which will be hereinafter referred to as the Act) against the judgment and decree passed by the appellate Bench of the Small Causes Court at Ahmedabad in Civil Appeal No. 316 of 1963 The appellate Bench passed a decree for eviction and allowed the appeal on the ground that the defendant tenant has committed a breach of a term of the tenancy viz. using particular space ment for common passage by putting articles etc. thereon and for other purposes. Possession was sought on other grounds also. But both the Courts below found that those grounds were not established.

( 2 ) THE trial Court in Civil Suit No. 2453 of 1960 against which the aforesaid appeal was filed held also held that this breach of the tenancy was established but according to it the landlords cannot get a decree for eviction on that ground in the absence of a notice given as contemplated by sec. 114-A of the Transfer of Property Act. Both the Courts below have found that the notice to quit was valid and legal and contractual tenancy was validly deter