SARKARIA, J. - (1.) THIS appeal by special leave raises a question with regard to the interpretation of Section 12 (3) (b) of the Bombay Rents, Hotel and Lodging House Rates Control Act No. LVII of 1947, which runs as follows : "... .... No decree for eviction shall be passed in any such suit if, on the first day of hearing of the suit or on or before such other date as the Court may fix, the tenant pays or tenders in Court the standard rent and permitted increases then due and thereafter continues to pay or tender in Court regularly such rent and permitted increases till the suit is finally decided and also pays costs of the suit as directed by the Court".
(2.) IT is not disputed that the expression "suit" in the aforesaid clause (b) includes an "appeal". The principal question that falls for consideration is, whether the requirement of the latter part of the above-quoted Clause regarding payment or tender of rent and permitted increases, regularly, during the pendency of the suit appeal is mandatory or merely directory. In other words, whether in case of a monthly tenancy, the Court has a discretion to treat the payment or tender of rent made at intervals ranging from two to four months during the pendency of the suit/appeal as a regular payment or tender within the contemplation of Clause (b) of Section 12 (3) ? Now the facts material to the consideration of this question may be set out. The appellants herein filed a suit in the Court of Small Causes, Ahmedabad for possession of the suit premises and also for arrears of rent amounting to Rs. 528.33, together with future mesne profits and costs against the respondent. The respondent resisted the suit on various grounds. The trial court dismissed the suit. It, however, fixed the standard rent of suit premises at Rs. 65.00 p. m., including municipal taxes and further directed the defendant to pay the arrears of rent amounting to Rs. 498.33, up to the date of the suit.
(3.) AGGRIEVED by that decree, the land-lord preferred an appeal before the Appellate Bench of the Small Cause Court at Ahmedabad, which by its judgment dated 7/01/1977, dismissed the appeal and maintained the decree of the trial Judge. The landlord thereafter filed a writ petition in the High Court, which was summarily dismissed by an Order dated 21/07/1977. Against that order of the High Court, the landlord has now come in special appeal under Article 136 of the Constitution, before us.;