JUDGMENT

This appeal by special leave arises from the Judgment of the Gujarat High Court in Civil Revision Application No. 1226/72, dated November 22/23, 1975. The facts for the purpose of disposal of his appeal lie in a short compass.

2. The appellant landlord laid a claim for arrears of rent and the respondent shot back by filing an application under S. 11 of the Bombay Rents, Hotel and Lodging H. R. Control Act, for short the Act, for determination of the standard rent. On a compromise the standard rent was fixed at Rs. 211/per month and the application was dismissed as not pressed. Later the appellant filed regular suit for possession and for arrears which was decreed and on appeal it was confirmed. The defence of the respondent was that there was bona fide dispute as to standard rent and an application under S. 12(3)(a) read with S. 11 (1)(c) would lie and so he made the application and even before an adjudication was made, he deposited the arrears subject to fixation of standard rent so as to avoid decree of eviction. So there was no default. Civil Court held that the application would not lie under S. 12(3)(a) and the tenant was liable to eviction. Thus though the respondent w