JUDGMENT

FAZAL ALI, J. :— This appeal by special leave is directed against a judgment dated November 12, 1979 of the Punjab and Haryana High Court and raises a pure question of law. The facts of the case lie within a very narrow compass. The respondents-plaintiffs filed a suit for eviction of the appellants under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Rent Act). The ejectment was sought for from the shop B-VI, 1400 old B-IX-1736, New Ground Floor, situated in Saban Bazar, Ludhiana. The main ground on which the suit for eviction was filed was that the appellant had committed default in the payment of rent.

2. The suit was resisted by the appellant mainly on the ground that he was not in arrears as he had deposited the entire rent due in the court of Senior Sub Judge, Ludhiana under Section 31 of the Punjab Relief of Indebtedness Act, 1934, (hereinafter referred to as the Indebtedness Act). It was also averred by the defendant tenant that not only the rent due was deposited but even future rent in advance had also been deposited before the first date of hearing. It was also alleged by the tenant that he had deposited the interest