Judgement

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. 57 of 1947), a tenant can claim protection from eviction by showing his readiness and willingnss to pay the arrears of rent before the date of the institution of the suit. The appellant s husband was a tenant of a flat. The rent was in arrears for a period of more than six months. On December 22, 1956, the landlord served a notice on the tenant demanding the rent. The tenant neglected to pay the rent within one month of the notice. On January11, 1957, he died. 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. The trial Court decreed the suit. The appellant filed a revision application before the Bombay High Court, but this application was dismissed by the High Court.

2. It is to be noticed that the rent was in arrears for a period of more than six months. The tenant neglected to make payment o