( 1 ) THIS is a revision petition filed by the petitioner (defendant-tenant) against the judgment and decree passed by the learned District Judge Rajkot in Civil Appeal No 49 of 1966 which confirmed the judgment and decree passed in Civil Suit No. 488 of 1964 of the Court of the Joint Civil Judge Junior Division Rajkot.

( 2 ) MR. Suresh M. Shah appearing for the petitioner urged that the Courts below had committed an error of law in passing the decree for eviction. It is urged by him that the consequence of non-compliance with the order passed in the Miscellaneous application at the most would entail the dismissal of that application for fixing the standard rent. Submission is that in the consequence referred to in sub-sec. (3) of sec. 11 of the Act a tenant who has been given notice in regard to arrears of rent for a period over six months as contemplated by sec. 12 (2) of the Act is entitled to protection even though he has committed such a default if he satisfies the conditions of sec. 12 (3) (b) of the Act if the case does not fall under sec. 12 (3) (a) of the Act. Admittedly in the instant case there was a dispute between the parties regarding the standard rent