JUDGMENT - R.A. JAHAGIRDAR, J.:---The petitioner has challenged decree of eviction passed against him in proceedings arising under the Bombay Rents, Hotel and Lodging House Rates Control Act (hereinafter referred to as the Bombay Rent Act"). Regular Civil Suit No. 289 of 1978 was filed by the respondent in this petition against the petitioner in the Court of the Civil Judge, (Junior Division), at Ulhasnagar on the ground that the petitioner was in arrears of rent which had not been paid despite the notice issued under section 12(2) of the Bombay Rent Act. The claim for possession was also included in the suit. Thus the suit was one for recovery of rent with a claim for possession of the premises tenanted by the petitioner.

2. In that suit, on behalf of the respondent-landlord an application was made on 4th August 1979 under section 11(4) of the Bombay Rent Act requesting the Court for a direction that the petitioner should pay all the arrears of rent at the rate of Rs.50/- per month forthwith "failing which his defence may be struck off and he may not be permitted to appear and defend the suit". On the same day, the learned Civil Judge directed that the other side should give its sa

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