JUDGMENT - M.F. SALDANHA, J.:--A curious position has arisen in this case which requires to be resolved in an equally unusual manner. The petitioner before me Digambar Hari Sonpatki is a resident of Barrack No. 1292 at Ulhasnagar. A suit was filed against him by the respondent-Landlord under section 12(3)(a) of the Rent Act on the ground that he is in arrears of payment of rent and that he had not paid up the arrears inspite of service of notice dated 5-11-1974. The suit in question was filed on 10-12-1974. The defendant-tenant defended the proceeding and contended that the rent was excessive etc. The learned trial Judge after hearing the parties dismissed the suit, on the ground that the material before him did not disclose a default under section 12(3)(a) of the Rent Act. The matter was thereafter carried in Appeal by the respondent-Landlord and the Appeal Court set aside the trial Court's order, held that the respondent-tenant was a clear defaulter and decreed the suit against him. Thereafter the tenant approached this Court under Article 227 of the Constitution by way of the present petition. It is material for me to record that at the stage of admission this Court passed an or

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