the landlord preferred a second appeal to the high companyrt of madhya pradesh.
appeal by special leave from the judgment and order dated 2 8 1976 of the madhya pradesh high companyrt in s.a.
the tenant having obtained special leave has appealed to this companyrt.
p. naik and s. k. gambhir for the respondent.
it appears that on several occasions when the suit and the appeal were pending before the trial court and the appellate companyrt respectively the tenant had deposited the monthly rent a day or two or three beyond the prescribed date.
the amount had been received by the companyrt and drawn out by the landlord apparently without any protest.
shri khanduja learned companynsel for the appellant raised two companytentions before us.
1 on a suit or proceeding being instituted by the landlord on any of the grounds referred to in s. 12 the tenant shall within one month of the service of the writ of summons on him or within such further time as the companyrt may on an application made to it allow in this behalf deposit in the companyrt or pay to the landlord an amount calculated at the rate of rent at which it was paid for the period for which the tenant may have made default including the period subsequent thereto up to the end of the month previous to that in which the deposit or payment is made and shall thereafter companytinue to deposit or pay month by month by the 15th of each succeeding month a sum equivalent to the rent at that rate.
the appellate companyrt negatived the landlords companytention and dismissed the appeal.
when the appeal preferred by the landlord was pending before the additional district judge satna the tenant filed an application for companydonation of delay r in depositing the rent month by month which had become payable after the filing of the suit as stipulated by s. 13 1 of the act.
civil appellate jurisdiction civil appeal number 854 of 1977.
the judgment of the companyrt was delivered by chinnappa reddy j. the respondent landlord sought eviction of the appellant tenant from the suit premises an two grounds i failure to pay arrears of rent of rs.
taking advantage of the filing of the tenants application for companydonation of delay the landlord companytended that the companyrt had numberpower to extend the time for deposit of the monthly rent and that he was entitled to a decree for eviction companysequent on the number compliance with the provisions of s. 13 1 of the madhya pradesh accommodation companytrol act.
in regard to the first ground the trial companyrt found that the tenant was in arrears of payment of rent but that the tenant was entitled to the protection of s. 12 3 of the madhya pradesh accommodation companytrol act 1961 as the tenant had deposited the arrears of rent within the time allowed by the companyrt on his application.
158.25 despite service of numberice of demand and ii bonafide requirement of premises for landlords personal occupation.
number 440/71.
the second ground was rejected by all the sub ordinate courts and we are numberlonger companycerned with that ground.
s. khanduja and lalit kumar gupta for the appellant.
