RAJNIKANT GANAPATRAM BHATT Vs. CHUNILAL DAHYABHAI GANDHI

JUDGEMENT

(1.) The application for substitution is allowed and the legal representatives of the deceased-appellant are brought on record. Parties heard on merits.

(2.) Alter hearing the learned counsel for the parties we have no manner of doubt that the High court was in error in holding that proceedings in suit were not governed by S. 12 (3) (a) but by clause (b) thereof and in remanding the case to the appellate court for determination as to whether the tenant was liable to be evicted under clause (b). S. 12 (3) (a) provides that where there is no dispute as to the raie of rent and there is a fallure on the part of the tenant to deposit or pay the arrears of rent accrued due within one month of the date of service of notice of demand, the court shall pass a decree for eviction in terms of the section. This S. has been interpreted by this court in Harbanslal Jagmohandas v. Prubhudas Shivlal. Going by that interpretation, it must be held that the High court was wrong in interfering with the order for eviction passed by the Appellate Authority under S. 12 (3) (a).

(3.) The appeal is accordingly allowed and the judgment and order of the High Court are set aside and the order for eviction passed by the first appellate court is restored. The order for eviction shall not be executed till December 3f, f988 subject to the condition that the respondent files an undertaking in this court on the usual terms within four weeks from today.