( 1 ) IN this revision, under Sec. 29 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Bombay Rent Act for short), the petitioner has assailed the judgment and decree passed in Regular civil Suit No. 108 of 1978, by the learned District Judge, at Bharuch, on 25th July, 1979.

( 2 ) THE petitioner is the original plaintiff-Landlord and respondent No. 1 is the original defendant-Tenant and respondent No. 2 is the brother of the landlord. The parties are, hereinafter, referred to as the landlord and the tenant for the sake of brevity and convenience.

( 3 ) THE landlord filed a Regular Civil Suit No. 143 of 1974, against the tenant, for perpetual injunction and, also for the recovery of the demised premises. The plaintiff and his brother are the owners of an immovable property, situated in Ward No. 3, bearing Municipal No. 273, known as Vankarvad area in Rajpipla town, and the tenant was let two rooms to the west of the said property, which is, hereinafter, referred to as "the demised premises. The rent note, at Exh. 40, was executed by the tenant, on 18-1-1955, in respect of the demised premises (two rooms ). The landlord, infer alia contended that