: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.572 OF 2009 Shantaben M. Nisar & Anr. ... Applicants V/s. Hemendra K. Vyas & Anr. ... Respondents Mr.M.P. Vashi for Applicants Mr.Chirag Balsara for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: JANUARY 21, 2010 P.C.: 1. The civil revision application has been filed against the order passed by the trial Court decreeing the suit on the ground of non-payment of arrears of rent. This finding of the trial Court has been confirmed by the appellate Bench of the Small Causes Court. According to the plaintiff, the defendants have failed to pay rent for the period from 1.9.1994 to June 1995. A notice was issued on 8.7.1995 terminating the tenancy because the defendants were in arrears of rent. That notice according to the defendant was not received by him as he was not residing in the suit premises which the plaintiff was well aware of. 2. Both the Courts below have concluded that even assuming that the notice was not received by the defendants through post, it had been pasted at the suit : 2 : premises. Both the Courts below have also considered the fact that there was non compliance on the part of the defendants of filing a standard rent application within one month of the receipt of the notice. The defendants had not deposited the rent as required u/s 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act and therefore both the Courts below have found that they were liable to be evicted. 3. In my view, there is no need to interfere with this finding of fact. Once it is found that after the suit was filed the rent has not be deposited after the suit was filed in accordance with section 12(3), a decree would normally follow. 4. Civil revision application is rejected. 5. Mr.Vashi appearing for the applicants seeks a stay of this order and prays that the decree may not be executed for some time. Accordingly, the decree shall not be executed for a period of eight weeks from today subject to the usual undertaking being furnished to this Court by the applicants and all adults in their family within two weeks from today.