The deposit of rent is deemed to have been made when the chalans are filed, as this is tantamount to a valid offer of payment.

LALIT MOHAN SHARMA, J.

1. the defendant, in a pending suit, filed for his eviction from a shop in Bhagalpur town, has by this application challenged the order dated 7-12-1977, passed by the court below striking off his defence under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as the Act). On an application by the plaintiff landlord, the Court passed an Order on 15-6-1974, directing the petitioner to deposit the arrears of rent and future rent in accordance with Sec.11-A of the Act. The deposits were thereafter made, but the plaintiff filed two applications in September, 1977, alleging that the petitioner had defaulted in making several deposits in time and prayed for striking off the defence. The petitioner denied the allegations and after hearing the parties, the court has by the impugned order held that the petitioner defaulted on depositing in time the rent for the months of February and September, 1976 and April, 1977. The prayer for rejecting the written statement was allowed.

2. The last date for depositing the rent of a particular month is, according to the Section, 15th day of the following month, and the rent for February, 1976, should have been deposited by the 15th March, 1976. Similarly, the rent for September, 1976, should have been deposited by the 15th of October 1976, and the rent of April, 1977, by the 15th of May, 1977. The chalan for deposit of the rent for February, 1976, was filed in Court on 12-3-1976, and was passed on 13-3-1976. The Court was closed from 14th March to 17th March 1976, and the Treasury, where the money had to be deposited, was closed from 14th March to 16th March, 1976. The money was deposited on the 18th March, 1976. So far the deposit of the rent for September, 1976 was concerned, admittedly the Court was closed for the Annual Vacation from 23-9-1976 to 29-10-1976 and it reopened- on 30-10-1976, when the Chalan was Sled by the petitioner in Court. It was passed the same day, but in the afternoon, and the petitioner was permitted to deposit the rent in the Treasury on the next available day, that is, 1-11-1976, 31st October, being a Sunday. The money was accordingly deposited As regards the rent for April 1977, the same could not be deposited on the 15th May, 1977, which was a Sunday and the chalan was filed and passed on 16th May 1977 and the petitioner was permitted to make the deposit on the 17th May, 1977, when it was so done.

3. The trial court has held that the periods during which the deposits should have been made, are determined by law and nobody - not even the Court by passing the chalan and permitting the deposit - could extend the time. The penal consequence flows as a result of operation of law and the petitioner must be held to be a defaulter. The petitioners written statement has accordingly been struck off.

4. Mr. S.C. Ghosh, appearing for the petitioner, contended that the petitioner cannot be said to have defaulted within the meaning of the Act in making the deposits and the court below has no jurisdiction to reject his written statement. He relied upon the decisions in AIR 1974 Pat 159 and 1974 BBCJ 53. He alternatively argued that the court below, by permitting the petitioner to make the deposits by the dates on which actual deposits were made, must be deemed to have misled the petitioner in thinking that there would be no default if the deposits were not made earlier, Relying upon the principle that a party cannot suffer for the mistake of a court, it has been urged that in the circumstances of the case, the order striking off the defence is illegal.

5. The language of S.11-A of the Act and the corresponding S.13 of the new Act of 1977 is identical and it is enjoined that the tenant-defendant should deposit the rent within the period indicated therein. The money has not to be paid to the plaintiff landlord. Only after a deposit is made, a court may permit withdrawal of the same by the plaintiff,