( 1 ) THE present revision is one under section 29 (2) of the Bombay Rents; Hotel and Lodging House Rates Control Act, 1947, (hereinafter referred to as the said act) wherein the petitioner is the original plaintiff-landlord and respondents are original defendants-tenants.

( 2 ) THE pertinent facts, in brief, leading to the present Revision are as under:2. 1 The petitioner-landlord had filed civil Suit No. 36/77 against the tenant for recovery of arrears of rent and for a decree of eviction against the tenant-on various grounds available to the said landlord under the said Act. 2. 2 This suit, viz. Regular Civil Suit No. 36/77 was filed on 21st February 1977. However, prior to the filing of the suit the tenant had already filed, on 6th April 1976, misc. Application No, 10/76 for determination of the standard rent of the leased premises under Section 11 of the said act. 2. 3 The trial court heard and decided both the suit as well as the application by a common judgment and order, whereby the suit was allowed and a decree for eviction was passed against the tenant, on the basis that the standard rent in respect of the leased premises was Rs. 9/- per month, and on a co