( 1 ) WHETHER default on the part of the tenant to pay all arrears of rent due in respect of the building upto the date of petition or default to continue to pay or deposit any rent which may subsequently become due in respect of the building, would automatically entitle the landlord to obtain an order from the Rent Controller directing the tenant to put the landlord in possession of the building is the question involved in these applications.

( 2 ) A learned single Judge of this Court in the order of his reference dated 4-8-1997 in C. R. P. No. 4040 of 1995 referred the following questions to a Division Bench : (1) Whether the eviction petition is not maintainable when the entire amount of arrears of rent has been paid and there was no amount due as on the date of filing of the eviction petition. In Dakaya v. Anjani, AIR 1996 SC 383, the Supreme Court following the earlier judgment of the Supreme Court in S. Sundaram Pillai etc. v. V. R. Pattabhiraman, AIR 1985 SC 582, held that if the payment has been made before the institution of the suit, the cause of action for instituting the suit will vanish. On the other hand, a Full Bench of this Court in P. N. Rao v. K. R