HARBANSLAL JAGMOHANDAS REV EVERETT M FASANACHAT Vs. PRABHUDAS SHIVLAL:WEST END WORKS

JUDGEMENT

(1.) Civil Appeal No. 282 of 1971 referred to as the Gujarat Appeal is by special leave from the order dated 22 December, 1970 of the High Court of Gujarat rejecting a revision application against the judgment and decree passed by the Extra Assistant Judge on 17 September, 1970.

(2.) Civil Appeal No, 2068 of 1971 hereinafter referred to as the Bombay Appeal is by special leave from the judgment and order dated 31 March, 1971 of the High Court of Bombay.

(3.) Both the appeals raise a common question as to whether the provision contained in Section 12 (3) (a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 hereinafter referred to as the Act applies. The Gujarat High Court took the view that the provisions of Section 12 (3) (a) of the Act apply to the suit. The Bombay High Court took the view that the Provisions contained in Section 12 (3) (a) of the Act do not apply to the suit, but that the suit is governed by the provisions contained in Section 12 (3) (b) of the Act.