JUDGMENT

The appellant is the landlord. The appellant has filed this appeal by special leave against the judgment of the Gujarat High Court in Civil Revision Application No. 211/ 72 dated 25-3-1975. He filed an application u / S. 12 of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 (for short the Act) for ejectment of the respondent on the ground that he was in arrears of the rent and also permitted increases. Though notice was issued to the respondent, he did not pay the rent and that, therefore, he is liable for ejectment. The appellant issued two notices one on January 8, 1955 and second notice on February 9, 1959. For both the notices, the respondent issued the reply on January 31, 1955 and February 25, 1959 respectively. Therein the tenant has specifically disputed the standard rent and also stated that there was no permitted increases of the rent. Immediately after the filing of the application and receipt of the notices the tenant had deposited all the arrears including permitted increases as claimed by the respondent and thereafter an application under Section II of the Act was filed for fixation of the standard rent and also permitted increases. All the