( 1 ) CAN the secondary evidence of the quit notice contemplated under Sec. 12 (2) of the Bombay Rents, Hotel and Lodging House Rates Control act, 1947 (the Rent Act for brief) be permitted for mere asking ? Is it not necessary for the party to lay foundation for producing the secondary evidence as provided in Sec. 65 of the Evidence Act, 1872 (the Evidence act for brief) ? These are the main questions arising in this revisional application under Sec. 29 (2) of the Rent Act questioning the correctness of the decree of eviction passed by the learned Judge of the Small Causes Court at Baroda on 30/09/1976 in Rent Suit No. 389 of 1975 as affirmed in appeal by the learned Assistant Judge of Baroda on 19/12/1977 in Civil Appeal No. 260 of 1976.

( 2 ) THE facts giving rise to the present appeal may be summarised thus: the petitioner is the tenant and the respondents are the landlords of the premises involved in the litigation giving rise to the present revisional application. The rented premises formerly belonged to one Bai jamna. The tenant had taken it on lease from her. Respondent No. 1 herein is the father and respondent No. 2 is his son. The father purchased the suit prem