JUDGMENT- M.F. SALDANHA, J.:---Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter for the sake of brevity referred to as "the Rent Act") has been the subject-matter of several judicial decisions, but there will always be yet another angle that is canvassed before the Court and which will require elucidation. The question that has arisen in this case is as to whether a decree in eviction would still follow if in spite of defaults committed during the pendency of the proceedings under section 12(3)(b) of the Rent Act the arrears are deposited from time to time, the time gaps between such deposits being relatively wide, but the entire quantum of arrears having been cleared prior to the date of the judgment. In substance, what is contended is that the tender of the arrears regardless of how and when it is done will have the effect of purging the acts of default that entitled the landlord to a decree. The support to this contention stems from the fact that since a Court has power to condone delays as far as money defaults are concerned, where a Court accepts or permits the acceptance of the rent, that is in arrears or that has not been de

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