KHANDERAO MALKARJUN DHOTRE Vs. ANANDRAO LAXMANRAO MASHALKAR

JUDGEMENT

(1.) THIS is a civil revision application arising out of an order of the Dist. Court, Sholapur, and the point that arises for determination is as to what is the meaning of the words "on the first day of hearing of the suit" in S. 12, sub-s. (3), Cl. (b) of the Bombay Rent Act, which provides that if the tenant pays on or before such date the rent in arrears and continues to pay subsequent rent regularly, he will not be liable to face eviction.

(2.) NOW, a few facts are that in the suit for ejectment the date mentioned in the summons as the returnable date was 2-2-1955. Nothing was done on that date and the matter was adjourned to 16-3-1955. On that date it was adjourned for the defendant's written statement, which appears to have been filed on 23-4-1955, On 4-10-1955 ? ignoring an interlude of an exparte order being passed and set aside ? the issues were settled. The rent had been paid by the defendant before the 4th of October 1955.

(3.) NOW, the words "the first day of hearing of the suit" do not appear in any other local or Central Act. They do appear in a Punjab Act in the Delhi and Ajmer-Merwara Rent Control Act, 1947, S. 9 (1) (a), proviso, which is also a Rent Act and, therefore, may be said to be comparable to the words in S. 12 (3) (b) of the Bombay Rent Act; but that by itself will give little assistance to the determination of the true meaning of the words unless we follow the decision of the Punjab High Court in Hiralal v. Gian Singh and Co. , AIR 1951 Punj 441, in which that High Court held that the "first day of hearing" is the day on which you answer the summons. I will consider that case later, for" in the first instance I think it is important for the Court to apply its mind to the words used and to see what legitimate meaning can be given to the words as used and not some similar words.