( 1 ) WHETHER a tenant who has encroached upon adjacent land belonging to the owner in contravention of a term in the rentnote can be said to have committed a breach of a term of tenancy to entitle the landlord to seek an eviction decree under sec. 12 (1) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter called the Act) is the short question which arises for my determination in the present two Revision Applications preferred by the tenants of the respective parcels of land. The opponents are the owners of a large piece of land bearing Survey No. 460/a situate in Asarwa Ahmedabad. They appear to have given on lease an area admeasuring 20 x 20 to Rabari Prabhat Harji (the petitioner in Civil Revision Application No. 764 of 1978 on a monthly rent of Rs. 16. 50 ps. with effect from 1st April 1964. Another piece of land admeasuring about 30 x 60 out of the same Survey Number is stated to have been given on rent with effect from 1st April 1964 to Rabari Malji Raimal since deceased (the original petitioner of Civil Revision Application No. 765 of 1978) on a monthly rent of Rs. 40 Both the rent notes executed by the aforesaid tenants contain a