(1) Learned Single Judge after hearing the parties in the above noted 1st two petitions, found that there was divergence of opinion between the two Division Bench decisions of this Court i.e. Lala Manohar Lal vs. Vimal Kumar, 1955 AWR 395 (DB) and Wasim Khan vs. Shahid Ali, 1971 (All) RCJ 867 (DB), therefore, after formulating three questions referred said petitions for decision by a Full Bench by order dated 3.1.1985, the operative portion of which is quoted below:

"Thus, the following questions would re quire consideration by larger Bench:-

1. Whether a notice of demand can be held to be invalid or mala fide on the ground that the rent had been demanded at a higher rate than the correct rate and if so whether the tenant can be absolved form the duty of complying with such a notice?

2. In case where the landlord had earlier been refusing to accept rent at the correct rate and had been claiming rent at higher rate and the tenant had as a consequence of landlords earlier refusal in the past, deposited the rent in Court under Section 30 and thereafter, landlord serves a formal notice of demand again at a higher rate, whether the tenant without tendering rent at the correct ra