JUDGMENT

R.C.LAHOTI, J.

(1) THE suit premises are non-residential situated in Sitapur city of the State of Uttar Pradesh. Proceedings for eviction of tenant were initiated by the landlord in the court of munsif exercising small causes jurisdiction on the ground available under clause (a) of sub-section (1) of section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter referred to as the 1947 Act for short) alleging that the tenant was in arrears of rent for more than three months and failed to pay the same to the landlord within one month from date of service of the notice of demand upon him. During the pendency of proceedings the 1947 Act was repealed by UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter the 1972 Act for short) whereunder the tenant could have escaped from the consequences of default by making deposits in the court which the tenant did not do. It is not disputed that by virtue of section 1 A of 1972 Act, building or part thereof constructed after 1/1/1951 went out of the operation of the Act. The trial court found that the tenant had tendered rent by money orders which were refused by