Judgment

K. JAGANNATHA SHETTY, J:- The appeal concerns the scope and construction of S. 13 sub-sec. (2)(i) proviso of the East Punjab Urban Rent Restriction Act, 1949 (called shortly as The Act). The point at issue relates to the validity of the arrears; of rent deposited by the tenant under the proviso.

2. Milkhi Ram- the respondent in this appeal is the landlord of the premises consisting of a shop at Ludhiana. In February, 1958 the shop was taken on rent by Amar Chand. The rent agreed was Rs. 45/- per month. In December, 1975 Amar Chand died. His brother Diwan Chand succeeded to the tenancy rights. In November, 1976 he also died leaving behind his widow Pushpa Devi and his minor son Yashpal. They are respondents 1 and 2 in this appeal. The landlord brought an action for eviction under S. 13 of the Act on the ground of arrears of rent, subletting etc. His case was that respondents 1 and 2 inducted Saligram respondent No. 3 as sub-tenant and delivered exclusive possession of the shop premises. The eviction was also sought on the ground that the tenant has made alterations resulting in material impairment in the value and utility of the premises. The respondents case was that the sho