( 1 ) THE petitioner in this civil revision application was the original defendant. A decree for eviction was passed against him in respect of the suit premises on the ground that the opponent who had purchased the premises on 5-9-1956 had required them reasonably and bona fide for his occupation and also on the ground that the petitionertenant who was a monthly tenant was in arrears of rent for a period of six months or more and he had neglected to make payment thereof before the expiration of one month after notice referred to in sec. 12 (2) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 which will hereinafter be referred to as the Act. The decree passed by the trial Court was confirmed in appeal by the Assistant Judge for Himatnagar at Ahmedabad and hence this revision application.

( 2 ) THE points contended by the learned counsel for the petitioner will be dealt with seriatim. The first contention is that no notice had been given as required by section 12 (2) of the Act because a notice was sent by registered-post and was returned unserved. It is contended that in view of the rulings in Vaman v. Khaderao 37 Bombay L. R. 376 at p. 384 and Jugalk