KISHORBHAI CHANDUBHAI PANCHAL Vs. BABUBHAI KESHAVLAL SHAH

JUDGEMENT

(1.) xxx xxx xxx.

(2.) It is by now well-settled that the protection conferred upon the tenant under Section 12(3)(b) is a conditional protection, and in order to avail himself of this protection, the tenant must comply with all the conditions contemplated in the said Clause (b) of Section 12(3).

(3.) Although there may be some small controversy as to whether the tenant had deposited the arrears of rent then due on the first day of the hearing of the suit, it is not necessary to go into this aspect of the matter in view of the fact that the other conditions contemplated by Section 12(3)(b) have been found not to have been satisfied by the tenant. It may, however, be noted that the lower appellate court has not specifically dealt with the factual aspect as to whether the rent due and payable was in fact deposited in the court before the framing of the issue. However, as aforesaid, this minor controversy would not affect the outcome of the case inasmuch as other factual aspects of the matter conclusively establish that the tenant is not ready and willing to pay the rent within the meaning of Section 12(1) of the said Act.