B. J. DIVAN, N. H. BHATT, J.

( 1 ) THIS is a tenants revision application under sec. 29 (2) of the Bombay Rent Act challenging the decree passed against him in the regular civil suit no. 313 of 1971 of the court of the Civil Judge (J. D.) Jetpur and confirmed in the appeal no. 17 of 1973 decided by the Assistant Judge of Rajkot District at Gondal. The tenant was ordered to be evicted from the rented premises namely a shop under sec. 12 (3) (a) of the Bombay Rent Act on the ground that despite the service of a notice ex. 18 dated 7-10-1971 served on him on 8-10-71 calling upon him to pay the arrears of rent from 1-11-1970 to 30-9-1971 he had failed to pay the same within one month of the receipt of the notice of demand.

( 2 ) THIS revision application has been referred to the Division Bench by the learned Single Judge of this court because it involved a question regarding the meaning of the term month occurring in sec. 12 (2) of the Rent act. Under the said provision no suit for possession could be instituted by a landlord against a tenant prior to the expire of one month next after the notice in writing of the demand of the standard rent has been served upon the tenant. Relying upon

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