Judgment

VAIDIALINGAM, J.:-The petitioners in both these applications have taken on lease the ground floor portion of property in Ward No. V Nondh No. 1088 of Surat. The respondent became the owner of the said property by purchasing it from the previous owner by a registered sale deed dated September 18, 1958. The petitioners who were the tenants of the premises even prior to the date of purchase by the respondent, have continued to be his tenants and they are using the premises for their business purpose. The respondent landlord filed on February 12, 1967 a Civil Suit No. 144 of 1967 in the Court of the Third Joint Civil Judge, Junior Division, Surat for evicting the petitioners.

2. According to the landlord the petitioners had not paid the rent for a period of over six months and had also not complied with the notice issued under Section 12 of the Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947 (Act 57 of 1947) (hereinafter called the Bombay Rent Act). The respondent had alleged that he had terminated the tenancy of the petitioners by notice dated November 24. l966. The respondent sought eviction of the petitioners on two grounds, namely, (1) default in payment of rent, and (2) premises being required for bona fide personal use and occupation.

3. The petitioners contested the suit on various grounds and denied that they were in arrears and pleaded that they had raised a dispute in respect of the standard rent within the time allowed by law. They also contended that the landlord s requirement for use and occupation was not bona fide. Both the trial court as well as the Appellate Court the Extra Assistant Judge, Surat, have concurrently rejected the plea of the respondent that he required the premises bona fide for personal use. Both the courts held that the petitioners have not raised any dispute about the standard rent within one month of service of suit notice either by preferring a standard rent application or by sending a reply to the suit notice raising such a dispute. On this basis both the Courts held that the respondent-plaintiff is entitled to recover possession of the premises on the ground of non-payment of rent under Section 12 (3) (a) of the Bombay Rent Act and accordingly passed an order directing eviction of the petitioners from the suit premises.

4. The petitioners filed Civil Revision Application No. 1353 of 1970 before the Gujarat High Court challenging the decision of the two Subordinate Courts ordering their eviction. The High Court summarily rejected the said application by its order dated December 22, 1970.

5. The petitioners filed Special Leave Petition No. 342 of 1971 seeking special leave to appeal against the decision of the Gujarat High Court. In the special leave petition it has been stated that the appeal raises important questions of law relating to the scope and applicability of Section 12 (3) (a) of the Bombay Rent Act, which applies in all material particulars to both the States of Maharashtra and Gujarat. It has been further stated that there is a direct conflict regarding the interpretation of this section between the Full Bench of the Bombay High Court and the Gujarat High Court.

6. According to the petitioners, the Bombay High Court has held that the matter will not fall under S. 12 (3)(a) even in those cases where a dispute in respect of standard rent has been raised in the written statement whereas the Gujarat High Court has held to the contrary and, therefore, there is a direct conflict between the two High Courts on this point. Along with the special leave petition the petitioners have filed C. M. P. No. 854 of 1971 praying for the stay of operation of the order of the Gujarat High Court in Civil Revision Application No. 1353 of 1970. In view of the conflict between the Bombay and Gujarat High Courts regarding the interpretation of the above section, this court granted special leave by its order dated February 15, 1971. This Court further granted ex parte stay pending disposal