( 1 ) THE original landlord has invoked the revisional jurisdiction of this Court under Section 29 (2) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (the Act for brief) for challenging the legality and validity of the judgment and order passed by the Appellate Bench of the Small Causes Court at Ahmedabad on 13/08/1979 in Civil Appeal No. 43 of 1977. Thereby the Appellate Court was pleased to accept the appeal of the tenant and to set aside the decree for possession of the rented premises passed by the learned Judge of the Small Causes Court (Court No. 7) at Ahmedabad on 16/12/1976 in H. R. P. Suit No. 3767 of 1971. It may be mentioned that the learned Trial Judge had decreed the landlords suit for possession of the rented premises on the ground of acquisition of a suitable residence by the tenant after coming into force of the Act.

( 2 ) THE facts giving rise to this revisional application move in a narrow compass. The dispute centres round the ground floor of the building bearing Survey No. 2705 and Municipal Census No. 2412 (the suit property for convenience ). The petitioner is its owner and the respondent is its tenant on the monthly rent o