JUDGMENT - M.N. CHANDURKAR, Ag. C.J.:---This is a petition filed by the tenant challenging the decision of the Appeal Bench of the Court of Small Causes at Bombay holding that the tenant was liable to be evicted from the suit premises on the ground that there were arrears of rent and the case was covered by section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter the Bombay Rent Act). The plaintiff is admittedly the mother of one Manganlal. Maganlal was admittedly recovering rent from the defendant. According to the plaintiff, the defendant was in arrears of rent for the period July 1968 to January 1969, the monthly rent being Rs. 64.75 p. An Advocate's notice was issued on 7th February, 1969. It is rather curiously worded. The noticed states that the plaintiff is the owner and also the constituted attorney of her son Manganlal Mohanlal and the defendant is his tenant of the premises at a monthly rent of Rs. 64.75 p. The notice further states that rent from 1st July, 1968 to 31st January, 1969 was due and since he was in arrears his tenancy was being terminated.

2. Now in the suit filed nothing has been stated about the plaintiff becoming th

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