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1972 Supreme(Guj) 98

D.P.DESAI
JAGMOHAN RATILAL SHETH – Appellant
Versus
JAYANTILAL LAXMISHANKER – Respondent


Advocates Appeared: P.K.PAREKH, SURESH M.SHAH

D. P. DESAI, J.

( 1 ) ONE of the questions raised in this revisional application is quite interesting and it relates to the effect of tendering a few months rent to the landlord by a tenant who is admittedly on the date of the tender in arrears for a period greater than the period covered by the amount tendered when this tender is made before issuance of a notice under sec. 12 (2) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereafter referred to as the Act ).

( 2 ) ADMITTEDLY the petitioner was the tenant of the rented premises at a monthly rent of Rs. 50/and the premises were let out possibly according to the Indian calendar month. The rent note in this case came to be executed on June 1 1964 It was made for a period of two months only. However there was holding over by the tenant under the rent note. It cannot be challenged now that this tenant was in arrears from September 1 1967 It appears that the parties regulated the month of rent with reference to Gregorian calendar. The amount of rent in arrears came to Rs. 350/on April 26 1968 Thus it was rent in arrears for seven months. On that day the tenant sent a money order for Rs. 200/which would be sufficien











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