( 1 ) THIS Civil Revision Application has been referred to us by the Division Bench consisting of M. U. Shah and B. K. Mehta JJ. The matter came up before that Division Bench though ordinarily a Civil Revision Application is disposed of by a Single Judge because A. A. Dave J. by his order dated April 27 1973 referred the Civil Revision Application to a larger Bench because he felt that he was unable to agree with the reasoning of T. U. Mehta J. in Civil Revision Application No. 121s of 1968 decided on February 2 1973 The question before us is relating to the interpretation of sec. 12 (3) (b) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (Bombay Act No. LVII of 1947 (hereinafter referred to as the Rent Act) in so far as sec. 12 (3) (b) applies to an appeal filed by the landlord after dismissal of the landlords suit for recovery of possession on the ground of nonpayment of rent. M. U. Shah and B. K. Mehta JJ. felt that apart from the disagreement between A. A. Dave J. and T. U. Mehta J. there was also apparent conflict between the views expressed by two Division benches of this Court in RATILAL V. RANCHHODBHAI (1968) 9 G. L. R. 48 and NANJI PANCHA