HARJEET SINGH Vs. AJAIN KAUR

JUDGEMENT

(1.) This civil revision petition is directed against an order refusing to extend the time for the payment of rent due for February and March, 1975. The previous order of the Appellate Authority was that all the arrears, which had accrued upto the date of the order should be deposited within 10 days and thereafter the monthly rent was to be deposited by the 10th of the succeeding month. Arrears of Rs. 575/- were deposited as directed in the order. However, there was default in the deposit of the rent for the months of February and March, 1975. The explanation of the petitioner was that he had gone to Bombay to meet his brother and he was, therefore, unable to deposit the amount within the stipulated time. The application for extension of time was rejected by the Appellate Authority. The learned counsel submits that the petitioner had established his bonafides by depositing the large amount of Rs. 575/- and that even the rent due for February and March, 1975 had been sent by Money Order in April, 1975. The monthly rent, it is submitted, is a small sum and the petitioner who had complied with the order of the court substantially should not now be deprived of the fruits of that order because of the default in depositing a very small amount. There appears to be some substance in the submission of the learned counsel. The revision petition is accepted and the time for deposit of rent is extended as prayed for. All the arrears of rent so far, accumulated should be deposited within a week from today, if not already deposited. There will be no order as to costs.