JUDGMENT - D.R. DHANUKA, J.:---This petition raise an interesting and important question of law relating to interpretation and application of section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act). The relevant question arising for consideration of the Court is formulated as under:---

"Whether notice demanding arrears of rent purported to have been issued under section 12(2) of the Bombay Rent Act is invalid where the demand made thereby if for an excessive amount i.e. the amount which is not legally due and payable by the tenant on the date of notice of demand and the error in computation of arrears is not marginal or insubstantial? "

I answer the question in affirmative.

2. The petitioners are heirs and legal representatives of one Ramchandra Appaji Hanjage, the original tenant in respect of the premises precisely described in paragraph 1 of the petition, situate at Raviwer Peth, 'B' Ward, Kolhapur City. The said Ramchandra had acquired the suit premises as a tenant on tenancy basis from the then landlord of the property sometime in the year 1942. By a sale deed dated 17th July 1970, one Shri Mandhar Mirj

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