Section 12 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
12. No ejectment ordinarily to be made if tenant pays or is ready and willing to pay standard rent and permitted increases.
(1)A landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing to pay, the amount of the standard rent and permitted increases, if any, and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provisions of this Act.[(1-A) Where by reason of riot or violence of a mob any material part of the premises in a disturbed area is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the landlord shall not be entitled to,-(a)the standard rent and permitted increases due for the premises,(b)recover possession of such premises merely on the ground of non-payment of standard rent and permitted increases due, during the period in which such premises remain so destroyed, or unfit.][(1-B) Notwithstanding any thing contained in this Act, where by reason of earthquake or any other natural calamity any material part of premises is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the landlord shall not be entitled to,-(a)standard rent and permitted increases due for the premises.(b)recover possession of such premises merely on the ground of non-payment of standard rent and permitted increases due, during the period in which such premises remained so destroyed or unfit.](2)No suit for recovery of possession shall be instituted by a landlord against a tenant on the ground of non-payment of the standard rent or permitted increases due, until the expiration of one month next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant in the manner provided in Section 106 of the Transfer of Property Act, 1882 (IV of 1882).(3)[(a) Where the rent is payable by the month and there is no dispute regarding the amount of standard rent or permitted increases, if such rent or increases are in arrears for a period of six months or more and the tenant neglects to make payment thereof until the expiration of the period of one month after notice referred to in sub-section (2), the Court may pass a decree for eviction in any suit for recovery of possession.] [This sub-section of Section 12 was substituted for the original by Bombay 61 of 1953, section 8(1).](b)In any other case, no decree for eviction shall be passed in any such suit if, on the first day of hearing of the suit or on or before such other date as the Court may fix, the tenant pays or tenders in Court the standard rent and permitted increases then due and [thereafter,-(i) continues to pay or tender in Court such rent and permitted increases till the suit is finally decided; and (ii) pat s costs of the suit] [[This portion was substituted for the portion beginning with the words 'and thereafter continues' and ending with the words 'also pays costs of the suit as directed by the Court' by Gujarat 7 of
