SITARAM MARUTI NAGPURE Vs. FAKIRCHAND PURUSHOTTAM DHASE

JUDGEMENT

(1.) Both the above Petitions have been referred to us by the Hon ble the Chief Justice, pursuant to an order passed by the learned Single Judge in Writ Petition No.935 of 1994 dated 26th February,2001.

(2.) The short issue involved in the above is that there are two conflicting judgments of two learned Single Judges of this Court. In view thereof, the learned Single Judge had expressed the difficulty and requested the Hon ble the Chief Justice to constitute a larger bench to resolve the conflict.

(3.) The basic issue raised in the above is with regard to the readiness and willingness of the tenant to pay rent and whether the rent should be paid only after the notice of termination under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the "said Act") or whether the tenant can show the readiness and willingness even prior to termination of tenancy under Section 12(3)(a) of the said Act. To appreciate the controversy, it would be relevant to quote Section 12 of the said Act;