Mr. S.J. Vazifdar, ACJ.:- The landlords are the petitioners in Civil Revision No. 1186 of 1989 and the respondents in Civil Revision No. 1096 of 1988. The respondents in Civil Revision No. 1186 of 1989 and the petitioners in Civil Revision No. 1096 of 1988 are the heirs of the original tenant, one Satish Kumar, who died on 22.04.1984. They were brought on record by an order of the learned Single Judge dated 21.05.2003. We will for convenience refer to the parties as the landlords and the tenants.

2. This Civil Revision No. 1186 of 1989 comes as a reference pursuant to the order of the then learned Chief Justice made in view of an order dated 17.03.2004 passed by the learned Single Judge directing the office to place the matter before the Chief Justice for constitution of a larger Bench to consider the judgment of another learned Single Judge in Nand Kishore v. Des Raj Chopra and another 1970 RCR (Rent) 974. The learned Judge opined that the following questions arise for consideration by a larger Bench:-

a) Would the change in tenancy effect the fixation of fair rent by the Rent Controller under section 4 of the Act and whether law enunciated in Nand Kishore’s case (supra) s