Bombay High Court
Hasan Alam Beg Jamdar
Versus
Sardari Begum Usman Dabir
Decided On:

Headnote:Section 12(3)(b)-Fixation or standard rent application .offer demand notice by tenant- Dismissal of suit for recovery of possession-Money decree passed for balance amount-Order of interim rent passed-Application to deposit interim rent by tenant- No question of tenant 11 binding by any condition of Section 12(3)(b) when tenant not a defaulter- Decree of trial Court dismissing the suit for possession is quashed and set aside.-Not only that but he made an application for interim rent and till the end i.e. till the date of the dismissal of the suit. he has meticulously abided by the requirements of the provisions of Section 12(3)9b) of the Bombay Rent Act. When in such circumstances the landlady prefers an appeal, there is no question of the tenm1t abiding by any conditions of Section 12(3)(b) inasmuch as the tenant was already held not to be a debu1ter and the suit on that count was dismissed. The judgment and decree dated 17.3.1983 passed by the learned Assistant Judge, Raigad in Civil Appeal No. 144 of 1980 so far as it sets aside the decree. of the hide Court dismissing the suit for possession and orders the defendant to deliver vacant possession of the suit premises is quashed and set aside and the judgment and decree dismissing the suit of the plaintiff for possession passed by the trial Court is restored and confirmed.

       For Citation 1997 (2) Mah LJ 173 : 1997 (2) All MR J24 : 1997 Bom RC 236 (Bom)