Rent arrears under Section 12(3)(b) can sustain eviction, and a reversed need finding cannot be revived without challenge.

After notice under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant must satisfy Section 12(3)(a) or, if that is unavailable, secure protection under Section 12(3)(b) by clearing all arrears of standard rent and permitted increases on the first day of hearing or the date fixed by the court. Failure to clear arrears, including unpaid education cess treated as permitted increases, leaves no statutory protection and sustains a decree for eviction. The document also notes that a landlord cannot seek restoration of a reversed finding on reasonable and bona fide need in the tenant's writ petition without having filed an independent challenge.

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Issues: (i) whether the decree for eviction could be sustained when the tenant had not cleared the arrears of rent and permitted increases in accordance with Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947; (ii) whether the landlord could seek restoration of the finding on reasonable and bona fide need in the tenant's writ petition.

Issue (i): whether the decree for eviction could be sustained when the tenant had not cleared the arrears of rent and permitted increases in accordance with Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

Analysis: After service of notice under Section 12(2), the tenant was required either to satisfy the statutory conditions of Section 12(3)(a) or, where those conditions were not available, to protect himself under Section 12(3)(b) by clearing all arrears of standard rent and permitted increases on the first day of hearing or on the date fixed by the Court. The unpaid education cess formed part of permitted increases, and the tenant had not cleared that liability or continued regular compliance during the suit and appeal. The earlier authorities relied upon by the tenant did not displace the governing principle stated by the Supreme Court that failure to satisfy Section 12(3)(b) leaves no protection against eviction.

Conclusion: The eviction decree was rightly sustained, and the contention against default-based eviction failed.

Issue (ii): whether the landlord could seek restoration of the finding on reasonable and bona fide need in the tenant's writ petition.

Analysis: The writ petition was filed by the tenant alone, and the landlord had not independently challenged the appellate finding rejecting the ground of reasonable and bona fide need. In writ jurisdiction, the Court would not permit the landlord to reopen that reversed finding in the absence of his own challenge, especially when the grounds under Sections 12 and 13 operate independently and require separate pursuit of remedies by the aggrieved party.

Conclusion: The landlord could not obtain restoration of the reversed finding on bona fide need in this proceeding.

Final Conclusion: The challenge to the eviction decree failed, and the order of eviction was maintained while the attempt to revive the landlord's rejected need-based ground was declined.

Ratio Decidendi: In a rent-eviction proceeding, failure to satisfy the protective conditions of Section 12(3)(b) after notice under Section 12(2) is sufficient to sustain a decree for eviction, and a reversed ground cannot be revived in another party's writ petition without that party's own challenge.

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