JUDGMENT

SARKARIA, J.:— 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 fou