MOHAN LAXMAN HEDE Vs. NOORMOHAMED ADAM SHAIKH

JUDGEMENT

(1.) THIS is an Appeal by a tenant against a decree for eviction passed against him at the instance of the Respondent who is the landlord. The Appeal has been preferred pursuant to Special Leave granted by this Court under Art. 136 of the Constitution.

(2.) IN view of the short controversy before us, the relevant facts can be very briefly stated.

(3.) THE provision of S. 12(1) has already been set out. In the present case, the provisions of cl. (a) of sub-sec. (3) of S. 12 have no application as there was a dispute regarding the amount of standard rent. Hence the provisions which we have to consider are those contained in cl. (b) of sub-sec. (3) of S. 12 of the Bombay Rent Act. This clause read in the context makes it clear that no decree for eviction can be passed in a suit for recovery of possession on the ground of non-payment of standard rent or permitted increases instituted by the landlord against the tenant, if on the first day of the hearing of the suit or on or before such a date, as the Court may fix, the tenant pays or deposits in Court the standard rent and permitted increases then due and thereafter continues to pay or deposits in Court regularly such rent and permitted increases till the suit is finally decided and also pays the costs of the suit as directed by the Court.