A.M. KHANWILKAR, J.:---This writ petition, under Article 227 of the Constitution of India, takes exception to the order passed by the II Additional District Judge, Pune dated September 4, 1987 in Civil Appeal No. 20 of 1986.

2. Briefly stated the petitioners landlords filed suit for possession against Biharilal @ C.R. Ray, who was original respondent No. 1 in this writ petition and also against respondent No. 2 herein, for recovery of possession of the suit premises on diverse grounds under the provisions of the Bombay Rent Act. However, this writ petition is pressed only with regard to the ground of default.

3. The facts relevant to examine the said ground of default are that the said Biharilal (since deceased) was inducted as a tenant in the suit premises bearing House No. 696, Raviwar Peth, Pune city on monthly rent of Rs. 9/-. According to the petitioners, since the tenant was in arrears for more than 6 months, demand notice was issued under section 12(2) of Bombay Rent Act, on 20-12-1980. It is not in dispute that the said notice was duly served upon the tenant. However, the tenant did not offer the rent as demanded by the said notice nor filed any application for fixation of st

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