P. D. DESAI, M. U. SHAH, J.

( 1 ) AN interesting and important question as to the interpretation of sub-sec. (4) of sec. 11 of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter referred to as the Act) as well as relating to its constitutional validity arises in this civil revision application. Similar questions were also raised in four other civil revision applications. We have heard the learned Advocates appearing in those applications as well when this matter was called on for hearing. This judgment will therefore dispose of common questions of law involved in all the five matters.

( 2 ) THE opponent is the landlord of a residential building bearing Census No. S. H. /2/130 situate in Birasas Pole in the city of Baroda. The petitioner is a tenant in possession of a part of the said building namely four rooms on the third floor (hereinafter referred to as the suit premises) at Rs. 90/as rent per month. The opponent filed a suit being Regular Civil Suit No. 586 of 1970 in the Court of the Civil Judge (Junior Division) Baroda against the petitioner inter alia for possession of the suit premises recovery of a sum of Rs. 747. 03 Ps. being arrears of rent and m

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