J. M. PANCHAL, H. R. SHELAT, M. C. PATEL, J.

( 1 ) THIS revision application has been referred to the Larger Bench for disposal in the following circumstances : the petitioners are the owners of property bearing Nondh No. 258 situated in Ward No. 9, Ambaji Road, Surat. The opponent was inducted as tenant of west side portion of the property at the rent of Rs. 40. 00 per month. According to the petitioners, opponent had paid rent upto July 31, 1975 and as he was in arrears of rent from August 1, 1975, a notice dated November 25, 1975 calling upon him to pay arrears of rent was served. The case of the petitioners was that as the opponent-defendant was not ready and willing to pay rent, they were entitled to get possession of the suit premises on the ground of non-payment of rent. Moreover, according to the petitioners, the defendant had purchased a Bungalow in Ravindra Park Co. op. Housing Society situated at Adajan Road, Surat in the name of his wife and as he had acquired suitable alternative accommodation, he was liable to be evicted under section 13 (1) (l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("the Act" for short ). Under the circumstances, the pet

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