JUDGMENT

MOHAN, J. :- The brief facts leading to this appeal are as under :-

The appellant is the owner of a bungalow situated at Mundhva Road, Ghorpadi, Poona On 10-11-57, the first appellant and his wife Banoobai (since deceased ) leased out the said premises to respondent No.1 under a rent not on a monthly rent of Rs.130/-.

2. The first respondent fell into arrears of rent for the period commencing from 1-8-63 to 31-3-64. By notice dated 22-4-64, the appellant No.1 and his wife terminated the tenancy of the first respondent and demanded arrears of rent under S.20(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act).

3. On the expiry of the period of notice, the appellant and his wife filed a Suit No.2267/64 for possession of the premises under S.12(3)(a) of the Act. The respondent tenant contested the suit. He also raised the question of standard rent and claimed for fixation of standard rent. The learned trial Judge by his order dated 26-7-65 fixed standard rent at Rs. 130/- per month and decreed the suit. On appeal by the respondent, the same was allowed by the learned District Judge by his order dated 16-4-66. Thereupon Spe