J.N.Bhatt, J. - (1.)Should the interim rent as directed by the Court or the final order of standard rent govern the case to claim statutory umbrella of Section 12(3)(b) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 is the main theme and the heart of this revision under section 29(2) of the Bombay Rent Act.
(2.)In this revision at the instance of an unsuccessful tenant the sole and short but substantial and significant question which has arisen for judicial scrutiny and adjudication is whether the petitioner-tenant facing an ejectment decree on the ground of non-payment of rent is eligible to claim the benefit of protection of Section 12(3)(b) of the Bombay Rent Act even if he does not pay the arrears of rent then due on the first day of hearing of the suit and thereafter regularly in the suit though interim rent is fixed contending that the final order of standard rent was not passed ?
(3.)In order to examine and appreciate the aforesaid issue before this Court the factual matrix leading to the rise of this revision may be enumerated at the outset.