NANDLAL TOPANDAS Vs. R.K. JOSHI

JUDGEMENT

(1.) These three petitions filed by tenants under Article 227 of the Constitution of India raise a common question of interpretation of Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Bates Control Act, 1947 (hereinafter referred to as the Act) and are disposed of by one common judgment.

(2.) THE petitioners are monthly tenants of one Mohanlal Sitaram Ladha (hereinafter referred to as the landlord) in respect of different portions of House No. 398 -A, situate at Poona. It is not in dispute before us that all the three tenants were in arrears of rent for a period of six months or more and were served by the landlord with a notice terminating their tenancy and calling upon them to pay the arrears of rent and that the tenants made part -payments to the landlord within a month of the service of notice so as to reduce the arrears of rent to less than six months. Thereafter the landlord filed ejectment suits against the tenants in the Small Cause Court, Poona, on the ground that the tenants had failed to pay the entire arrears of rent within one month after service of notice as required by Section 12(3)(a) of the Act. The tenants resisted the suit, inter alia, on the ground that having regard to the part -payments made by them the pro -visions of Section 12(5)(a) were not attracted. The trial Court decreed the suits and, on appeal, the District Court, Poona confirmed the same. The tenants have, therefore, filed these petitions to quash the said orders.

(3.) IN the present case, no doubt, the tenants tendered, and the landlord accepted, certain amounts towards the arrears of rent within one month period with the result that the arrears of rent were reduced to less than six months in each case before the expiration of the said period. It is, therefore, urged by the learned advocate for the petitioners that their cases do not fall with Sub -section (3)(a) of of Section 12 but would be governed by Sub -clause (3)(b). There are conflicting rulings on this point of single Judges of this Court but before considering them it would be better to refer to the material part of Sub -section (3)(a) which reads:.if such rent or increases are in arrears for a period of six months or more and the tenant neglects to make payment thereof until the expiration of the period of one month after notice referred to in Sub -section (2).. (Italics ours).