JUDGMENT - Rebello F.I., J.:The short but important question that arises in this Revision Application is whether Order XV-A of the Code of Civil Procedure as introduced by an amendment of this Court with effect from 1st October, 1983 empowers the Court of Small Causes to require a statutory tenant to deposit rent in proceedings for eviction initiated by a landlord during the pendency of such proceedings. As the question is of far reaching consequence and as none appeared for the respondent, the Court requested Shri Dharmadhikari to act as amicus curiae and assist the Court in the matter.

2. The present petitioner is the original defendant and the respondent herein, the original plaintiff. The respondent who is the landlord filed a suit in the Court of Small Causes at Bombay against the petitioner who is the tenant, for eviction of the petitioner from the suit premises leased by the respondent to the petitioner which tenancy is covered under the provisions of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (which hereinafter shall be referred to as The Rent Act). It was the case of the respondent that the monthly rent reserved, was Rs. 75/- and that the petitioner

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