It is to be numbericed that the rent was in arrears for a period of more than six months.
Appeal by special leave from the judgment and decree dated November 25, 1965 of the Bombay High Court in Civil Revision Application No.
57 of 1947 , a tenant can claim protection from eviction by showing his readiness and willingness to pay the arrears of rent before the date of the institution of the suit.
The appellant filed a revision application before the Bombay High Court, but this application was dismissed by the High Court.
On February 4, 1957, the appellant sent the arrears of rent to the landlord by money order, but the landlord refused to accept the payment.
On February 5, 1957, the landlord instituted the present suit for eviction of the appellant.
G. Patwardhan and M. V. Goswami, for the appellant T. Desai and K. L. Hathi, for respondent No.1 The Judgment of the Court was delivered by Bachawat, J. The question arising in this appeal by special leave is whether in a case falling under sub s. 3 a of s. 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Act No.
The tenant neglected to make payment of the arrears of rent within one month of the service of the numberice by the landlord under sub s. 2 of s.12.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellants husband was a tenant of a flat The rent was in arrears for a period of more than six months.
469 of 1966.
On December 22, 1956, the landlord served a numberice on the tenant demanding the rent.
The tenant neglected to pay the rent within one month of the numberice.
1579 of 1962.
On January 11, 1957, he died.
The trial Court decreed the suit.
