SHAH, J. :- This reference raises an important question as to the meaning of the word "dispute" in Section 12 (3) (a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Act LVII of 1947). The Special Civil Application No. 2353 of 1968 was originally heard by a single Judge who referred it to a Division Bench for its views on the following point :

"Whether the dispute as contemplated under Section 12 (3) (a) must be a bona fide dispute in order to claim benefit under Section 12 (3) (a)."

2. Since a pure question of law, and not the entire petition, has been referred, it is unnecessary to consider the case on facts. However, with a view to understand the question that has been referred, we will briefly set out the facts giving rise to this petition.

3. Since prior to 1958, one Aher was a tenant of the open plot of land in dispute at the rent of Rs. 12/- per month. He put up a flour mill. On February 14, 1958, by a deed of assignment, he had assigned his tenancy rights together with the running business of the flour-mill to the petitioners. The Petitioners fell in arrears for more than six months, and, therefore, by notice dated January 27, 1965, the landlord