JUDGMENT - Deshmukh D.K., J.: Rule. Returnable forthwith. Heard finally by consent of parties. 2. In all these three petitions, the order passed by the Competent Authority under the Bombay Rent Act for eviction against the petitioner is challenged. The premises involved in all these petitions are owned by members of same family and they are in the same Co-operative Housing Society. Therefore, all these three petitions can be disposed of by common order. 3. The learned Counsel appearing for the petitioner urged that the Court has recorded in its order that leave to defend, which is required to be secured by the petitioner under section 31-E of the Bombay Rent Act was not secured by the petitioner. The learned Counsel appearing for the landlord/respondent points out that as a matter of fact leave to defend was granted by the Authority, however, the petitioner did not avail of that leave as the petitioner did not comply with the conditions precedent for grant of leave namely deposit of Rs. 3,000/- in each petition. 4. Considering the rival submission, in my opinion, the order impugned in these three petitions cannot survive because this shows a clear non application of mind on the part of the Competent Authority to the facts on record before him. It is common ground that leave to defend was in fact granted by the Court, however, in the impugned order in two places it is recorded that leave to defend was not granted. In my opinion, taking overall view of the matter following order would serve the interest of Justice. ORDER The orders passed by the Competent Authority, impugned in these three petitions, are set aside. The Applications filed by the respondent are remitted back to the Competent Authority. It is directed that within two weeks from today the petitioner shall pay to the respondent Rs. 3,000/-, in each petition. The Competent Authority shall thereafter permit the petitioner to cross-examine the witness, who has been examined on behalf of the respondent. It shall also permit the petitioner to lead any evidence that they may choose to lead. The parties shall appear before the Competent Authority on 28-6-1999. The Competent Authority shall pass final orders in accordance with law, within a period of eight weeks from the date of appearance of the parties. Rule made absolute. No order as to costs. It shall also permit the petitioner to lead any evidence that they may choose to lead. The parties shall appear before the Competent Authority on 28-6-1999. The Competent Authority shall pass final orders in accordance with law, within a period of eight weeks from the date of appearance of the parties. Rule made absolute. No order as to costs. It is clarified that in case on 28-6-1999 the petitioner will not satisfy the Competent Authority that they have paid the amount to the respondent as directed above, the Court shall proceed to decide the matter on the footing that the petitioner does not want to avail of the leave to defend that has been granted to them. Order accordingly. -----