JUDGMENT

O. CHINNAPPA REDDY, J. :— The respondent-landlord sought eviction of the appellant-tenant from the suit premises on two grounds : (i) failure to pay arrears of rent of Rs. 158.25 despite service of notice of demand and, (ii) bona fide requirement of premises for landlords personal occupation. The second ground was rejected by all the subordinate courts and we are no longer concerned with that ground. In regard to the first ground, the trial court 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 Control Act, 1961, as the tenant had deposited the arrears of rent within the time allowed by the Court on his application. When the appeal preferred by the landlord was pending before the Additional District Judge, Satna, the tenant filed an application for condonation of delay 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. It appears that, on several occasions, when the suit and the appeal were pending before the trial court and the appellate court respectively, the tenant had deposited the