Judgment

HIDAYATULLAH, J. : Jashwantrai Malukchand who appeals by special leave against the judgment of the High Court of Gujarat dated October 21, 1961 was a tenant of a shop belonging to Anandilal Bapalal respondent, by the judgment now under appeal the High Court reversed the concurrent decision of the two Courts below and ordered eviction of the appellant from the shop on the ground that he was in arrears for a period of six months in the payment of the rent. By a supplementary order dated January 16, 1962 mesne profits were also granted to the landlord till delivery of possession of the shop. The High Court has differed from the two Courts below in the application of the third sub-section of S.12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, by which sub-section the present proceedings were governed. The High Court held that cl. (a) of the sub-section applied while the Courts below applied cl. (b). Before we read the section the facts necessary to understand this difference in the two points of view may be stated.

2. The tenant rented the shop from April 1, 1954 and executed a rent note for Rs. 155 p.m. From February 1, 1955 he did not pay the rent and wh