JUDGMENT :

J.M. Sheth, J.

This revision petition is filed by the original defendant- tenant against the plaintiff-opponent-landlady against the judgment and decree passed by the learned 4th Extra Assistant Judge, Baroda, in Civil Appeal No. 368 of 1971, confirming the decree passed by the trial Court (Court of Civil Judge, Junior Division, Savli) for eviction in Regular Civil Suit No. 158 of 1970.

2. In this revision petition we are concerned only with the points : about the legality and validity of the suit notice, Ex. 26, dated 25.12.1967, and whether the Court below was justified in reaching the conclusion that the petitioner-tenant has lost the statutory protection under section 12(3)(b) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (which will be hereinafter referred to as "the Act") as admittedly the tenant did not pay the rent for the period between 10.11.1963 and the rent that had become due thereafter and had become time-barred on the date of the suit.

3. The appellate Court has reached the conclusion that no notice as required under section 106 of the Transfer of Property Act was necessary in the instant case as the petitioner-tenant had become a statuto