K.C.DAS GUPTA. J.

(1) IN a suit for ejectment instituted on 8/09/1958 the plaintiff who is the respondent before us now made an application under S. 13 (5) of the Delhi and Ajmer Rent Control Act. 1952 (Act No. XXXVIII of 1952). He prayed for order to be made on defendant tenant to deposit at the arrears of rent and duture monthly rent in accordance with law by the 15th of the following month. The arrears of rent were claimed to be Rs. 722/7/ upto the 30/06/1960. The original rent was stated to be Rs. 64/8.00 and with effect from 1/08/1959 the rent was claimed at Rs. 70.95 np.

(2) THIS application was resisted by the tenant who in his reply dated 1/08/1960 stated that the rate of rent had continued to be at Rs. 64-8-0 and only Rs. 516.00 was due at the rate of Rs. 64/8.00 as arrears upto 30/06/1960. He added that he was prepared to deposit it.

(3) THE Subordinate Judge 1st Class, Delhi, passed orders on the application on 1/08/1960. The relevant portion of the order ran thus :

"AS regards the application under S. 13(5) of the Rent. Control Act the defendant has no objection to deposit the arrears of rent and future rent month by month at the