Deposits made by a tenant in standard rent proceedings, even after the proceedings are dismissed for default, can be considered valid tenders if they are accepted by the court and credited to the account of the proceedings, and such deposits demonstrate the tenant's readiness and willingness to pay rent, entitling the tenant to protection of possession under section 12(1) of the Rent Act.

JUDGMENT - S.C. PRATAP, J.:---This petition arises out of original proceedings instituted by the respondent-plaintiff, inter alia, for possession of the suit premises under the provisions of the Bombay Rent Act.

2. The instant suit for possession was filed in September 1973 on three grounds viz., (a) default in payment of rent, (b) bona fide and reasonable requirement of the suit premises for personal use and occupation, and (c) nuisance and annoyance. The trail Court held against the plaintiff on all the said three grounds and dismissed the suit. In plaintiffs appeal against the said dismissal, the Appellate Court confirmed the finding of the trial Court on the plaintiffs claim for possession on the ground of bona fide and reasonable requirement as also on the ground of nuisance and annoyance. On the ground of default in the payment rent, the Appellate Court reversed the finding of the trial Court and came to the conclusion that the defendant was liable to be evicted from the suit premises under the provisions of section 12(3)(a) of the Rent Act. The appeal was consequently allowed. The trial Courts decree was set aside and instead a decree for possession of the suit premises was passed in favour of the plaintiff . Hence, this petition by the defendant-tenant.

3. In support of the petition, I have heard Mr. D.S. Marathe, learned Counsel for the petitioner. The respondent-landlord, plaintiff is represented by her learned Counsel Mr. A. C. Agrawal.

4. Hearing the rival submissions of the respective Advocates and going through the judgments of the courts below as also the record of the case, I find myself unable to sustain the finding of the Appellate Court (reversing that of the trial Court) on the question of alleged defaults by the tenant in payment of rent, consequent whereupon he can be said to have rendered himself liable too eviction from the suit premises. Relevant facts in this behalf are as follows :--- Long prior to the institution of the present suit and even long prior to the issuance of the suit notice by the plaintiff to the defendant-tenant herein, in the defendant-tenant had himself applied in January 1969 by way of Miscellaneous Application No. 34 of 1969 for determination of standard rent of the suit premises which consisted of only one room. In the said proceedings, application was made by the tenant on the same day for fixation of interim rent. By order dated 13th January, 1969, interim rent was fixed at Rs. 4/- per month. In the said standard rent proceedings and after obtaining an order of the Court on other question of interim rent, the tenant deposited in the said proceedings Rs. 67/- on 5th February, 1969, Rs 12/- on 9th April, 1969 and Rs. 29/- on 14th July, 1969, thus in all, as at this stage, Rs. 108/-. It so happened that this application for fixation of standard rent was dismissed for default on 21st November, 1969. However, little knowing that his application was dismissed for default as aforesaid, the tenant continued to deposit in the said proceedings and the Court continued to accept from the tenant further deposits of rent in the said proceedings. These further deposits are Rs. 16/- on 16-12-1969, Rs 20/- on 24-4-1970 and Rs 16/- on 22-9-1970 making of all these three items a total of Rs. 52/-. Thus, all the aforesaid six deposits together made up a total of Rs. 160/-.

5. Having come to know that his application for fixation of standard rent was dismissed for default, the tenant filed another application, being Miscellaneous Application No. 739 of 1969, for the same relief of fixation of standard rent of the suit premises. In these proceedings, the tenant made further deposits in all of Rs. 72/-. Ultimately, in lieu of the agreed rent of Rs. 5/- (five) per month, the standard rent was fixed at Rs. 3/- per month. This order of fixation of standard rent was not challenged by either of the parties any further. After the standard rent of the suit premises was fixed as aforesaid at Rs 3/- per month

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