Judgment

JUDGMENT :- This is an appeal from the order. of the High Court of Patna striking out the defence of the tenant for failure to deposit rent in accordance with the Bihar Building (L.R. and E.) Control Ordinance 1982. The trial Court found that there was such default. The High Court in revision also found that the rent for the month of July, which was to be deposited by the 15th Aug. 1979, was deposited not earlier than 20th Aug. 1979, so, there was a default. Indeed, the High Court has further noted the conduct of the tenant who had made default even in complying with the two orders mentioned above. Therefore, the High Court was of the view that the Trial Court had rightly struck off the defence. The tenant made out a case that there was a bank strike and as such he could not deposit his rent in time; that is obviously not a correct plea. It was found that there was, in fact, no bank strike. The special leave petition proceeded on the basis that there was actual delay of 4 or 5 days in depositing the rent. Section 13 of the Act stipulates that if in a suit for recovery of possession of any building the tenant contests the suit as regards the claim for ejectment, the landlord