The tenant's application for fixation of standard rent cannot be dismissed merely on the ground that he has failed to deposit the interim rent or failed to move the Court for fixation of the interim rent.

JUDGMENT-The petitioner is a tell ant in respect of the suit premises which is a cinema theatre in Satara City. The petitioner had agreed to pay from October 24, 1950 Rs. 425, as the monthly rent to the opponent-landlord. On December 21, 1965 the landlord served a notice on the petitioner terminating his tenancy, inter alia, on the ground of non-payment of rent. The petitioner received the notice on December 23, 1965. On January 18, 1966 the petitioner made an application under section 11 (3) of the Rent Act requesting the Court to fix the standard rent on the ground that the agreed rent was excessive.

2. During the pendency of this application as no further steps were taken by the petitioner, the opponent gave an application purporting to be also under section II (3) of the Rent Act asking the Court to dismiss the petitioners application for fixation of standard rent. The opponent in the application urged that the petitioner had failed and neglected to get the interim rent fixed; the petitioner had not even sought orders from the Court regarding the deposit of rent; the petitioner had not tendered any amount from month to month on account of the rent to the opponent-landlord; and that in view of the amended provisions of section 11 (3) the petitioners application for fixation of standard rent be dismissed in limine. The petitioner resisted this application on the ground that the Court had not passed any order fixing the interim rent and for that reason he could not deposit any amount in the Court. He also pleaded that a larger amount was due to him from the opponent landlord on account of the expenses incurred by him for the upkeep of the suit premises. There were also other money dealings between the parties. Finally the petitioner requested the Court to fix the interim rent and expressed his willingness that he would go on depositing the monthly rent even at the rate of Rs. 425 per month. The learned trial Judge, on a consideration of the facts and circumstances of the case, and the amended provisions of section 11 of the Rent Act, Came to the conclusion that it would not be just and equitable to dismiss the petitioners application. The learned trial Judge fixed the interim rent at Rs. 425 pending the final disposal of the application. The opponent-landlord invoked the revisional powers of the District Court under the Rent Act on the ground that the learned trial Judge had acted contrary to law and the express provisions of section 11 of the Act. The learned Assistant Judge, Satara, who heard the revision application, was inclined to take the view that under section 11 (3) of the Rent Act it was the duty of the petitioner tenant to have the interim rent fixed or to pay the contractual rent from month to month. If the tenant-applicant fails to follow this course and fails to deposit the amount of rent his application should be dismissed. Accordingly the learned Assistant Judge allowed the revision application, set aside the order passed by the learned trial Judge and directed the dismissal of the petitioners application under section 11 (3) of the Rent Act. The petitioner has approached this Court with a grievance that the learned Assistant Judge has acted contrary to the express provisions of section 11 (3) of the Rent Act and that his order deserves to be set aside and that of the learned trial Judge restored.

3. Mr. Abhyankar for the petitioner argues that on a plain reading of section 11 (3) there is no warrant for the view that the tenant-applicant must take some steps for getting the interim rent fixed by the Court. That subsection provides that if the tenant-applicant fails to deposit the interim rent fixed by the Court, then only his application shall be dismissed.

4. Mr. Jahagirdar for the opponent-landlord, on the other hand, argues that the sub-section casts an obligation on the tenant to take steps for getting the interim rent fixed or to go on paying the contractual rent till the final disposal of the applicatio

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