Judgment

V. R. KRISHNA IYER, J.:- The defendant-tenant is the appellant and the appeal is by special leave. The landlord sued for ejectment on ground of arrears of rent as provided in Section 3 of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947. S. 3 (1) (a) states, among one of the grounds of eviction,

"that the tenant is in arrears of rent for more than three months and has failed to pay the same to the landlord within one month of the service upon him of a notice of demand.

In the present case, the complaint of the plaintiff was that the rent was not paid but was deposited into court regularly. The trial Court as well as the High Court took the view that such prompt deposits of rent into court did not satisfy the provisions of S. 3 (1) (a) since it is not equivalent to payment of rent to the landlord. Counsel for the appellant contends that S. 7-C (6) of the Act strikes a different note. It reads:

"In any case where a deposit has been made, as aforesaid, it shall be deemed that the rent has been duly paid by the tenant to the landlord. (Emphasis supplied)

S. 7-C (1) enables deposits of rent to be made when a landlord refuses to accept any rent lawfully paid t