S L KAPUR Vs. P D LAL

JUDGEMENT

(1.) Respondent had sued appellant u/s 14(l)(a) on 17.8.66. An order of deposit of rent arrears was made u/s 15(1) on 16.10.68 and deposit having been made petition was dismissed on22.11.68. Tenant made default again and after notice he was sued on 20.2.70. Controller dismissed the petition but Tribunal held against tenant. Latter appealed to High Court.

(2.) It is admitted case of parties that in previous case tenant had complied with order u/s 15(1) of the Act and having paid the arrears of rent for the period ending 10th Nov. 1968 escaped eviction. Thereafter the rent for subsequent period was due and payable, which is in dispute in the present petition. It is again not disputed that the tenancy month as the month for payment of rent commences on the 11th day of calendar month and expires . on the 10th day of the following month, as per the agreement of tenancy. The rent' note further requires the tenant to pay the rent at the commencement of the tenancy month. Under section 26 of the Act, it was the legal duty of the tenant to pay rent either within the contractual time or within fifteen days of its becoming due. In any view of the matter, the tenant was bound to pay or deposit the rent for the period ending on the 10th by the 25th of the following month. The deposit which had properly been made by the tenant in pursuance of section 15(1) order in the previous petition on 22nd November, 1968 (amounting to about Rs. 13,650/.) covered the period till 10th Nov, 1968.

(3.) The subsequent deposits by the tenant appeallant were made in the following manner (1) on 11th February, 1969 he deposited Rs. 13,000.00-for the period from llth November,. 1968 to 10th January, 1969 ; (This deposit was made previous to the receipt of the notice.) (2) on llth June, 1969 he deposited Rs. 2,600.00 for the period from llth January, 1969 to 10th. May, 1969, vide Ex. R3. The dispute between the parties centres round the validity and effect of thiseposit made on llth June, 1969. This had been made for period from llth May 1969 to June 10, 1969. while the notice dated 24th April, 1969 had been served on 8th May, 1969 legally requiring the appellant to deposit within two months of the receipt of the notice arrears of rent till the end of the month in which the payment was made. Consequently, the deposit made on llth June, 1969 must according to law have been made for the period. up to 10th June, 1969. The appellant tenant certainly had under the notice time till 7th July, 1969 to deposit arrears for the peroid ending 10th June, 1969, but as ill luck would have it, the next deposit was made by the appellant not in the month of July or August, but only on 13th September, 1969 and it was for the period from llth May, 1969 to 10th July, 1969 this deposit is, therefore, of no avail to cure the defect of failure to pay the rent within the prescribed time.