( 1 ) THE sole question agitated in this revisional application under sec. 29 of the Bombay Rents Hotel and Lodging House Rates Control Act is as to whether the petitioner-landlord is entitled to a decree for eviction under sec. 12 (3) (b) of the Act against the respondent-tenant on account of his alleged failure to deposit the standard rent due on the date of the first hearing and on account of his alleged failure to continue to pay or tender in Court regularly such rent till the final decision of the suit.

( 2 ) ON May 2 1965 the petitioner-landlord demised to the respondent - tenant a shop bearing Gram Panchayat No. D-569 and D-517 situated in Lavar Wada Locality in Balasinor at a contractual rent of Rs. 30/per month. Within five months of the creation of the tenancy the petitioner-landlord began to refuse to accept the rent offered by the respondent-tenant. Money Orders were sent by the tenant on October 12 1965 November 4 1965 and December 12 1965 The landlord refused to accept these Money Orders (in paragraph 19 of his deposition the petitioner-landlord has admitted that he refused the Money Orders because he wanted the possession of the property himself and