RAJINDER KUMAR Vs. RAVEL SINGH

JUDGEMENT

(1.) This second appeal by the tenant is directed against the judgment dated 6.2.1981 passed by the Kent Control Tribunal, Delhi whereby his appeal was dismissed on two grounds. Firistly, on the ground that he had failed to comply with the order passed under Section 13(1) of the Delhi Rent Control Act in as much as he had deposited the rent for the month of Apiil, 1977 on 16th May, 1977 while he was expected to deposit the same on or before 15th of May, 1977. The second ground being that the appeal filed by him against the order of the Addilional Rent Controller was incompetent in as much as he had failed to implead co-tenants within the period of limitation.

(2.) The respondent-landlord instituted a petition for eviction of the tenant under section 14(1) provisos (a), (c) and (j) of the Rent Control Ace. It is not necessary to deal with clauses (c) and (j) because the same were decided against the landlord and were not pressed before the Rent Controller Tribunal. During the course of proceedings, the Additional Rent Controller passed an order on 27.10.1976 under Section 15(1) of the Act directing the tenant to pay or deposit the arrears of rent from 1st March, 1974 upto the date of the order at the rate of Rs. 9.00 per month within one month and further to continue to pay or deposit the future rent month by month by the 15th of each succeeding month at the same rate. In compliance with the said order, the tenant deposited the arrears of rent on 26.11.1976,hich was admittedly within the stipulated time. The rent upto March 1977 was also admittedly paid within the time stipulated. The dispute is only regarding the rent paid on 16.5.1977 and fiom this date, it was concluded by the Additional Rent Controller as also by the Tribunal that the rent having been deposited beyond the 15th day of the month was obviously not in accordance with the order and as such, there was a default.

(3.) It has been brought to my notice that 14.5.1977 was a second Saturday and thus a holiday and 15.5.1977 being Sunday, the rent could not be deposited on 16.5.1977. The learned Tribunal as also the Additional Rent Controller have not taken into consideration the provisions of Section 10 of the General Clauses Act according to which if the last day happens to be a holiday, the act done on the next day would be considered to have been done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open. 15th May, 1977 being Sunday, the deposit made on 16.5.1977 has therefore to be held as valid.